ma 


THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 


THE    LAW 


OF 


AUTOMOBILES. 


BY 

XENOPHON  P.  HUDDY,  LL.  B. 

Of  the  New  York  Bar. 


ALBANY,    N.  Y.: 

MATTHEW  BENDER  &  COMPANY 

1906 


T 
1906 


Copyright.  1906 
By  MATTHEW  BENDER  &  COMPANY. 


Albany,  N.  Y.: 

Whd-Parsons  Primtino  Co., 

1906. 


TO 

MY    WIFE 

WHO   IS 

MY   GREATEST   AND   WISEST   COUNSELOR. 


734027 


PREFACE. 


The  appearance  of  a  new  means  of  transportation  — 
the  automobile  —  on  the  public  streets  and  highways 
is  creating  a  far-reaching  influence,  not  only  on  in- 
dustry and  commerce,  but  also  on  legislation.  The 
attention  of  legislative  bodies  has  been  taken  by  the 
twentieth  century  conveyance  to  such  an  extent  that 
there  now  exists  much  important  statutory  law  con- 
cerning automobiles  and  their  operation,  as  will  be 
seen  from  the  pages  of  this  book. 

The  legislation  in  the  United  States  concerning 
motoring  is  not,  however,  all  of  a  serious  character. 
The  various  statutory  provisions  are  exceedingly 
interesting  from  many  points  of  view.  Some  of  the 
provisions  are  really  amusing.  Thus,  the  legislature 
of  Kansas  has  shown  its  kindly  feeling  towards  motor- 
ing by  actually  incorporating  into  its  legislation  a 
provision  regulating  the  operation  of  automobiles 
which  is  worth  twice  reading,  as  follows: 

"  Nothing  in  this  section  shall  be  construed  as 
in  any  way  preventing,  obstructing,  impeding,  em- 
barrassing or  in  any  other  manner  or  form 
infringing  upon  the  prerogative  of  any  political 
chauffeur  to  run  an  automobilious  band-wagon  at 
any  rate  he  sees  fit,  compatible  with  the  safety  of 
the  occupants  thereof;  provided,  however,  that 
not  less  than  ten  nor  more  than  twenty  ropes  be 
allowed  at  all  times  to  trail  behind  this  vehicle 
when  in  motion,  in  order  to  permit  those  who  have 


VI 


Preface. 


been  so  fortunate  as  to  escape  with  their  political 

lives,  an  opportunity  to  be  dragged  to  death;  and 

provided  further,  that  whenever  a  mangled  and 

bleeding  political  corpse  implores  for  mercy,  the 

driver  of  the  vehicle  shall,  in  accordance  with  the 

provisions  of  this  bill,  '  throw  out  the  life-line.'  " 

(See  Kan.  Laws  of  1903,  ch.  67,  p.  113.)      Kansas 

is,  no  doubt,  on  the  right  road. 

Not  only  have  the  law-making  bodies  enacted  laws 

in  reference  to  the  motor  ear  and  automobiling,  but  the 

reported  judicial  decisions  of  the  highest  courts  of 

record   and   other  courts   in   many  jurisdictions   are 

multiplying,  and  have  accumulated  to  such  an  extent 

that  many  questions  of  vital  importance  have  been 

decided. 

Very  true,  many  of  the  cases  merely  have  called 
for  the  application  of  established  rules  of  law,  in  deal- 
ing with  the  motor  vehicle;  but  there  have  been 
decided  numerous  points  of  special  application  to  the 
automobile  and  its  operation  on  the  public  avenues 
of  travel,  of  which  the  up-to-date  layman,  lawyer,  and 
judge  should  be  cognizant  if  he  is  to  keep  abreast  with 
the  progress  of  scientific  inventions  which  are  bound 
to  figure  in  litigation  and  to  occupy  a  prominent  place 
in  our  jurisprudence.  That  there  existed  a  necessity 
for  a  collection  of  all  the  law,  both  statutory  and  that 
announced  by  the  courts  in  an  accessible  convenient 
form,  is  undoubted. 

Tlic  encouragement  given  to  the  author  in  his  under- 
taking to  compile  this  work  by  gentlemen  prominently 
interested  in  automobiling  has  strengthened  his  belief 
thai  a  work  of  this  kind  will  be  welcomed. 

Many  branches  of  the  law  are  being  affected  by  the 
horseless  carriage  figuring  in  litigation.      Where  the 


Preface.  vn 

automobile's  permeating  influence  will  stop  is  beyond 
prophesy.  It  is  certain,  however,  that  the  motor  car, 
including  everything  connected  with  it,  is  bound  to  be 
the  subject  of  a  vast  amount  of  litigation  in  the  future 
and  legal  literature  will  justly  devote  much  space  to 
this  new  and  most  useful  means  of  transportation. 
The  motor  carriage  has  already  brought  to  us  new 
terms  and  new  ideas. 

This  book  is  compiled  for  the  use  of  the  layman, 
lawyer,  and  judge.  Its  purpose  is  to  present  all  the 
legal  information  on  the  subject  that  exists,  including 
a  consideration  of  all  the  reported  judicial  decisions 
in  America  and  England,  which  have  decided  questions 
pertaining  to  the  automobile  and  its  operation. 

The  work  also  treats  of  those,  principles  and  rules 
of  law  closely  allied  to  the  operation  of  automobiles 
and  which  concern  subjects  other  than  the  motor  car- 
riage, such,  for  example,  as  the  law  of  the  road  as 
applied  to  vehicles  generally. 

An  accurate  compilation  of  all  the  state  automobile 
laws  in  the  United  States,  and  also  the  English  Motor 
Car  Act,  are  to  be  found  in  Pakt  Two  of  the  work. 

With  the  hope  that  this  work  may  prove  of  assistance 
to  those  interested  in  the  automobile,  the  author  re- 
spectfully submits  it  for  the  consideration  of  the 
layman  and  the  legal  profession. 

X.  P.  H. 

New  York  City,  June  1, 1906. 


TABLE   OF  CONTENTS. 


PART     I. 
The  Automobile  and  the  Law. 

CHAPTER    I. 

Definitions  and  General  Considerations. 


PAOK 


Sec.  1.  Definition  of  motor  vehicle  in  general 1 

2.  Legal  definitions 2 

3.  Definitions  in  automobile  legislation 3 

4.  Automobile  is  a  vehicle 7 

5.  Automobile  is  a  carriage 9 


CHAPTER  II. 

Historical. 

Sec.  1.  Automobile  vehicle  of  modern  times 11 

2.  Development  of  motor  carriage 12 

3.  Growth  of  law 12 


CHAPTER  III. 

Nature  and  Status  of  Automobile. 

Sec.  1.  Automobile  not  a  machine  only 14 

2.  Automobile  not  a  dangerous  machine 15 

3.  Motive  power  as  affecting  status 18 

4.  Advantages  over  animal  drawn  vehicles 19 

5.  Tendency  to  frighten  horses 19 

6.  Judicial  notice  of  characteristics 21 

7.  Classification  of  automobiles 22 

8.  Automobiles   as   carriers 22 

ix 


Table  of  Contents. 

CHAPTER  IV. 

Right  of  Automobiles  to  Use  Highways  and  Streets. 


PAGE 


Sec.  1.  Highways  defined   23 

2.  Roads  defined 23 

3.  Streets  defined  24 

4.  General  purposes  of  highways  and  streets 25 

5.  New  means  of  transportation 25 

6.  Equal  rights  of  automobiles  on  public  ways 27 

7.  Rights  on  ferries  and  vessels 28 

8.  Exclusion  of  automobiles  from  highways 30 

9.  Compelling  privilege  of  using  road  —  Pleading 34 


CHAPTER  V. 

Registration  and  Licensing. 

Sec.  1.  General  considerations 35 

2.  Purpose  of  registration 37 

3.  Power  to  require  registration  and  license 38 

4.  Constitutional  law    42 

5.  Licenses   45 

6.  Operation  and  effect  of  license 45 


CHAPTER  VI. 

Operation  on  Highwat. 

Sec.     1.  Right  to  operate  on  the  highway 47 

2.  Care  in  operating  —  Restive  horses 48 

3.  The  law  of  the  road  —  In  general 51 

4.  Vehicles  meeting  and  passing 52 

5.  Rule  not  inflexible,  but  is  a  rule  of  negligence 54 

6.  Presumption  arising  from  disobedience 55 

7.  Where  one  traveler  overtakes  and  passes  another.  ...  56 

8.  Collision  —  Contributory  negligence    57 

9.  Rights   of   footmen   and   vehicles  —  Children   in    the 

Btreet    58 

10.  En  jury  resulting  from  fright 60 

1  1.   Roadworthiness  of  vehicle,  tackle  or  gearing 62 


Table  of  Contents.  xi 

PAOI 

12.  Street  crossings,  crossroads 03 

13.  Vehicles  standing  on  the  highway 63 

14.  Liability  of  owner  for  acts  of  person  operating  car.  .  64 
15    Speed  regulations   65 

16.  Injuries  resulting  from  defects  in  highway 67 

17.  Care  in  avoiding  defects  —  Contributory  negligence.  67 

18.  Notice  of  defects  —  Notice  of  accident 69 


CHAPTER  VII. 

Proof  of  Speed. 

Sec.     1.  Evidence  of  chauffeur  or  operator 70 

2.  Observers  may  give  estimates 71 

3.  Qualifications  of  observers  73 

4.  Weight  of  evidence 74 

5    Incorrect  estimates 74 

6.  Imagination 75 

7.  Line  of  vision 75 

8.  Time  consumed   76 

9.  Noise    76 

10.  Facts  incompatible  with  estimates 77 

11.  Distance    78 

12.  Speed    at    one    place    inadmissible    as    to    speed    at 

another    78 

13.  Effect  of  bias 79 

14.  Burden  of  proof 80 

15.  Summary  and  conclusion 81 


CHAPTER  VIII. 

The  Garage  and  Garage  Keeper. 

Sec.  1.  Garage  defined 82 

2.  Garage  not  a  nuisance 82 

3.  Status  of  garage  keeper 82 

4.  Garage  keeper's  rights 83 

5.  Liabilities  of  garage  keeper 84 

6.  Keeping  and  selling  gasolene 84 


xii  Table  of  Contents. 

CHAPTER  IX. 

The  Hire  of  Automobiles. 

PAG1 

Sec.    1.  General  considerations 87 

2.  Ordinary  care  of  hirer 88 

3.  Liability  for  servant's  acts 88 

4.  Unlawful  acts  committed  by  third  parties 89 

5.  Unlawful  sale  by  hirer 89 

6.  Duties  and  rights  of  owner 89 

7.  Keeping  in  repair 90 

8.  Rights  of  hirer 90 

9.  Duties  of  hirer 91 

10.  Termination  of  hiring 91 

11.  Surrender  and  return  of  automobile 92 

12.  Compensation   for  hire 92 


CHAPTER  X. 

The  Chauffeur. 

Sec.  1.  Chauffeur  defined   93 

2.  Origin  of  term 93 

3.  Chauffeur's  status  94 

4.  Liability  of  master  for  chauffeur's  acts 94 

5.  Chauffeur  acting  contrary  to  authority 95 

6.  Duties  of  chauffeur 98 

7.  Amount  and  degree  of  care 99 

8.  Rights  of  chauffeur 101 


CHAPTER  XI. 

The  Manufacturer  of  Automobiles. 

Sec.  1.  General  considerations  103 

2.  The  manufacturer's  status   104 

3.  Quality  of  cars  already  turned  out 104 

4.  American  tendencies 104 

5.  Duties  and   responsibilities  of  manufacturer 105 


Table  of  Contents.  xiii 

CHAPTER  XII. 

Safety  of  Roads  for  Automobiles. 

PASI 

Sec.  1.  Right  to  have  safe  roads 107 

2.  Condition  of  roads 107 

3.  Liability  for  defective  highways 109 

CHAPTER  XIII. 

Automobile  Legislation. 

Sec.  1.  General  considerations 110 

2.  Fairness  of  laws 110 

3.  Prohibiting  reckless  motoring Ill 

4.  Uniformity  of  automobile  legislation 112 

5.  Non-resident  automobilists 112 

6.  What  may  be  expected  of  future  laws 113 

CHAPTER  XIV. 

Federal  Control  Over  Motoring. 

Sec.  1.  In  general  114 

2.  Powers  of  state  and  federal  governments 114 

3.  Regulation  of  internal  matters  belongs  to  state 115 

4.  Interstate  motoring   115 


PART  II. 
Automobile   Enactments. 

Alabama   116 

California 119 

Connecticut    129 

Delaware   135 

District  of  Columbia 141 

Florida    147 

Illinois 152 

Indiana    154 

Iowa 158 


xiv  Table  of  Contents. 

pas* 

Kansas    162 

Kentucky    165 

Maine    168 

Maryland    174 

M  a>sachusetts    185 

Michigan    206 

Minnesota    215 

Missouri    217 

Montana   219 

Nebraska 221 

New  Hampshire   225 

New  Jersey   231 

New  York 251 

North  Carolina 261 

North  Dakota   262 

Ohio 264 

Oregon    277 

Pennsylvania  281 

Khode  Island 286 

South  Carolina   290 

South  Dakota  293 

Tennessee  297 

Vermont   300 

Virginia    306 

Washington    314 

West   Virginia    318 

Wisconsin 321 

England    326 


TABLE  OF  CASES  CITED. 


[The  figures  refer  to  pages.] 


PAGE 


Acker  v.  Anderson  County,  20  S.  Car.  495 58 

Alabama  Great  Southern  R.  Co.  v.  Hall,  105  Ala.  599,  17  So.  Rep. 

176   73 

Allen  v.  Mackey,  1  Sprague   (U.  S.)   219 54 

Angell  v.  Lewis,  20  R.  I.  391 55 

Avegno  v.  Hart.  35  La.  Ann.  235 57 

Baker  v.  City  of  Fall  River,   (Mass.  1904)   72  N.  E.  Rep.  336 .  .  .  .7, 

9,  14,  67,  68,  109 

Bernian  v.  Schultz,  40  Misc.   (N.  Y.)  212,  84  N.  Y.  Supp.  292.  .  .64,  101 

Belf  v.  People,   125  111.  584 58 

Bertles  v.  The  Laurel  Run  Turnpike  Co.,  15  Pa.  Dist.  Rep.  94.  .15, 

33,  34 

Black  v.  Burlington,  etc.,  R.  Co.,  38  Iowa  515 73 

Bolton  v.  Colder,  1  Watts   ( Pa.)   300 56,  57 

Bowes  v.  Hopkins,  84  Fed.  Rep.  767 71 

Brazier  v.  Philadelphia,   15  Pa.  Dist.  Rep.   14 36 

Brenan  v.  Metropolitan  St.  R.  Co.,  60  N.  Y.  App.  Div.  264,  69  N. 

Y.  Supp.   1025 78 

Brendon  v.  Warley,  28  N.  Y.  Supp.  557,  8  Misc.  Rep.  253 9 

Brooks  v.  Hart,  14  N.  H.  307 54,  55,  57,  58 

Brown  v.  Swanton,  69  Vt.  53,  37  Atl.  Rep.  280 72 

Burdick  v.  Worrall,  4  Barb.  596 55 

Buscher  v.  New  York  Transportation  Co.,  94  N.  Y.  Supp.  796 59,  101 

Butterfield  v.  Boyd,  4  Blatchf .   ( U.  S.  )  356 57 

Buxton  v.  Ainsworth,   (Mich.)   101  N.  W.  Rep.  817,  11  Detroit  Leg. 

N.  684   53,  55,  56 

Cahill  v.  District  of  Columbia,  23  Wash.  L.  Rep.  759 85 

Campbell  v.  St.  Louis,  etc.,  R.  Co.,  175  Mo.  161,  75  S.  W.  Rep.  86.  .  77 
Cannon  v.  Pittsburg,  etc.,  B.  T.  Co.,  195  Pa.  St.  159,  44  Atl.  Rep. 

1089   78 

Carsley  v.  White,  21  Pick.   (Mass.)   234 57 

Cassedy  v.  Stockbridge,   21    Vt.    391 58 

xv 


Tahle  of  Cases  Cited. 


PAGI 

58  , 


Chaplin  v.  Hawes,  3  Car.  4  P.  555 

(hi.igo  v.  Banker,  112  111.  App.  94 28,  33,  38,  39,  40,  41,  47 

Chicago,  etc.,  R.  Co.  v.  Clark,  2<i  Neb.  645,  42  N.  W.  Rep.  703 74 

Chicago,  etc.,  R.  Co.  v.  Gunderson,  174  111.  495,  51  N.  E.  Rep.  708,  74 

Chittenden  v.  Columbus,  26  Ohio  Cir.  Ct.  531 18 

Christie  v.  Elliott,  216  111.  31,  1   L.  R.  A.    (X.  S.)    124,  74  N.  E. 

Rep.  1035 17,  27,  42,  47,  50,  65,  99 

Clark  v.  Buckmobile  Co.,  107  N.  Y.  App.  Div.  120 95 

Clark  v.  Com.,  4  Pick.    (Mass.)    125 53 

Clay  v.  Wood,  5  Esp.  44 58 

Collard  v.  Beach,  81  N.  Y.  App.  Div.  582 96 

Collis  v.  Sheldon,  (1868)  L.  R.  3  C.  P.  495,  37  N.  J.  C.  P.  233 .  .  .  .  106 

Colo.,  etc.,  R.  R.  Co.  v.  Robbins,  71  Pac.  Rep.  871 76 

Com.  v.  Boyd,  188  Mass.  79,  74  N.  E.  Rep.  255 17,  38,  40,  42,  45 

Com.  v.  Crowninshield,   17  Mass.  225 65 

Com.  v.  Densmore,  29  Pa.  Co.  Ct.  217,   13  Pa.  Dist.  Rep.  639.  .38, 

42,  44,  45 

Com.  v.  Hawkins,  14  Pa.  Dist.  Rep.  502 9,  38,  39,  41 

Culberson  v.  Chicago,  etc.,  R.  Co.,  50  Mo.  App.  556 76 

Cunningham  v.  Clay  Tp.,  (Kan.)  76  Pac.  Rep.  907 67 

Daniel  v.  Clegg,  38  Mich.  32 53,  54,  55,  57 

Davis  v.  Maxwell,    108   App.   Div.    128,   96   N.   Y.    Supp.    (130   St. 

Rep. )    45 50 

Davis  v.  Petrinocich,   112  Ala.  564,  21   So.  Rep.   344,  36   L.  R.  A. 

615    7,  8 

Dean  v.  Sharon,  72  Conn.  667,  45  Atl.  Rep.  963 69 

Detroit,  etc.,  R.  Co.  v.  Van  Steinburg,  17  Mich.  99 72 

Diehl  v.  Roberts,  134  Cal.  164,  66  Pac.  Rep.  202 52 

Di-trict  of  Columbia  v.  Weston,  23  App.  Div.    (D.  C.)    362,  distin- 
guishing United  States  v.  Ross,  5  App.  Cas.   (D.  C.)  241 85 

Doyle  v.  Wragg.  1  F.  &  F.  7 63 

Drake  v.  Mount,  33  N.  J.  L.  441 57 

Dulicn  v.  White.  2  K.  B.  669,  673,  675 61,  62 

Dunn  v.  Moratz,  92  111.  App.  477 52 

Duter  v.  Bbaren,  81  Mo.  App.  621 63 

Ex  parte,   (Cal.  1905)   82  Pac.  Rep.  44 20,  21,  31 

Basring  v.  Lansingh,  7  Wend.  (N.  Y.)    185 52 

Eelaigton,  etc.,  R.  Co.  v.  Hunter,  6  App.  Cas.   (D.  C.)   287 72 

Elena  v.  Conrad,  123  Iowa  522,  99  N.  W.  Rep.  138 57 

Fahrney  v.  ODonnell,  107  111.  App.  608 55 

Plsher  v.  Union  R.  Co.,  86  X.  Y.  App.  Div.  365,  83  N.  Y.  Supp.  694.  72 

Flower  v.  Adam,  2  Taunt.  314 58 


Taule  of  Cases  Cited.  xvii 

PAQI 

Foot  v.  American  Produce  Co.,  195  Pa.  190,  49  L.  R.  A.  764 55 

Ford  v.  Whitman,   (Del.  Super.  1899)   45  Atl.  Rep.  543 68 

Gagnier  v.  City  of  Fargo.  11   N.  Dak.  73,  88  N.  W.  Rep.  1030,  95 

Am.  St.  Rep.  705 8 

Galveston,  etc.,  R.  Co.  v.  Wesch,    (Tex.  Civ.  App.  1893)    21   S.  W. 

Rep.   62 73'  75 

Gangawer  v.  Phila.,  etc.,  R.  Co.,  1(58  Pa.  St.  265.  32  Atl.  Rep.  21. .  75 
Gardner  v.  Wasco  County,   (Ore.  1900)   61  Pac.  Rep.  834,  rehearing 

denied,  62  Pac.  753 68 

Garske  v.  Ridgeville,   (Wis.)    102  N.  W.  Rep.  22 69 

Gilbert  v.  Burque,  72  N.  H.  521,  57  Atl.  Rep.  927 63 

Gillingham  v.  Ohio  River  R.  Co.,  35  W.  Va.  588,  14  S.  E.  Rep.  243, 

*14  L.  R.  A.  798,  29  Am.  St.  Rep.  827 22 

Graham  v.  Consol.  T.  Co.,  54  N.  J.  Law  10.  44  Atl.  Rep.  964 77 

Grand  Rapids,  etc.,  R.  R.  Co.  v.  Huntley,  38  Mich.  537 73,  74,  75 

Hair  v.  Ohio  Tp.,   (Kan.  1900)   62  Pac.  Rep.  1010 09 

Harris  v.  Nubbs,  L.  R.  3  Exch.  Div.  268 51 

Hebard  v.  Mabie,  98  111.  App.  543 59 

Highland  Avenue,  etc.,  R.  Co.  v.  Sampson,  112  Ala.  425.  20  So.  Rep. 

566    72 

Holland  v.  Bartch,   120  Ind.  46,  22  N.  E.  Rep.  83,  85,  16  Am.  St. 

Rep.  307   8,  28 

Hoppe  v.  Chicago,  etc.,  R.  Co..  61  Wis.  357 78 

Huntress  v.  Boston,  etc.,  R.  R.  Co.,  66  N.  H.  185.  34  Atl.  Ren.  154.  .  76 

Illinois  Cent.  R.  Co.  v.  Ashline.  171  111.  313.  49  N.  E.  Rep.  521 .  .73.  74 
Indiana  Springs  Co.  v.  Brown,  (Ind.  1905)  74  N.  E.  Rep.  615.  .    .25, 

27.  28,  48.  49.  50 

In  re  Automobile  Acts,  15  Pa.  Dist.  Rep.  83 30,  36,  44.  45 

Jaquith  v.  Richardson.  8   Mete.    (Mass.)    213 52.  53 

Johnson  v.  City  of  New  York.   10!)  X.  Y.  App.  Div.  821 255 

Johnson  v.  Oakland,   etc..    Electric   R.   Co..    127    Gal.    608,    60   Pac. 

Rep.  170 73-  7r> 

Johnson  v.  Small.  5  B.  Mon.   (Kv.)   25 54.  63 

Jones  v.  City  of  Williamsburg,  97  Va.  722.  34  S.  E.  Rep.  883,  47 

L.  R.  A.  294 8 

,I,.v  v.  Inhabitants  of  York.  99  Me.  237,  58  Atl.  Rep.  1059 69 

Kansas  City,  etc..  R.  Co.  v.  Crocker.  95  Atl.  Rep.  412.   11    So.   Rep. 

2C-2     .... 72,  ::; 

Kennard  v.  Burton.  25  Me.  39.  43  Am.  Dec.  249                        54.57,  58 

Kersey  v.  Terre  Haute,  161  Ind.  471,  68  N.  E.  Rep.  1027 42 


jcviii  Table  of  Cases  Cited. 

PAOE 

Lacy  v.  Winn.  4  Pa.  Dist.  Rep.  409 8,  28 

Laredo  Electric  &  Ry.  Co.  v.  Hamilton,  23  Tex.  Civ.  App.  480,  56  S. 

W.  Rep.  998 8 

Larrabee  v.    Sewell,   66   .Me.    37(5 57 

Lee  v.  Foley,  113  La.  663,  37  So.  Rep.  594 54 

Lockharl    v.    l.itchtenthaler,  46   Pa.  St.   151 73 

Lockwood  v.  Lockwood,  2  Curt.   Eccl.  281,  289 79 

jr.  (lute.  51   X.  V.  494 106 

Louisville,  etc.,  R.  Co.  v.  Jones,  108  Ind.  551,  9  N.  E.  Rep.  476.  .72,  78 

Macomber  v.  Nicholas,  34  Mich.  217,  22  Am.  Rep.  522 26 

Mason  v.  West,  61   X.  Y.  App.  Div.  160 49 

Mathieson  v.  Omaha  St.  R.  Co.,  (Neb.  1902)  92  N.  W.  Rep.  639.  .72, 

75.  81 

Mayhew  v.  Sutton,  86  L.  T.   18 66 

McGrail  v.  McGrail,  48  X.  J.  Eq.  532,  22  Atl.  Rep.  582 76 

McLane  v.  Sharpe.  2  Harr.   (Del.)   481) 57 

,M.  rcer  v.  Corbin,  117  Ind.  450,  20  N.  E.  Rep.  132,  3  L.  R.  A.  221, 

10   Am.    St.   Rep.   76 8 

Mertz  v.  Detroit  Electric  R.  Co.,  125  Mich.  11,  83  N.  VV.  Rep.  1036,  72 

Meyer  v.  Houck.  85  Iowa  319,  52  N.  W.  Rep.  235 98 

Missouri  Pae.  R.  Co.  v.  Hildebrand,  52  Kan.  284,  34  Pac.  Rep.  738..  77 

Mitchell  v.  Rochester  Ry.  Co.,  151  N.  Y.  107 60,  61 

Moody  v.  Osgood,  54  N.  Y.  488 57 

Moriarity  v.  Lewiston,  98  Me.  482,  57  Atl.  Rep.  790 67 

Moses  v.  Pittsburgh,  etc.,  R.  Co.,  21  111.  515 26 

Moss  \.  Moore,  L8  Johns.   (X.  Y.)    128 9 

Munster  v.  Chicago,  etc.,  R.  Co..  61  Wis.  325,  50  Am.  Rep.  141.  .76.  77 

Murdock  v.  Warwick.  4  Gray    (Mass.)    178 63 

Murphy  v.  Wait.  102  X.  Y.  App.  Div.  121,  92  N.  Y.  Supp.  253.  .  .  .21. 

48.  50 

Muth  v.  St.  Louis  etc.,  R.  Co..  87  Mo.  App.  422 74 

Myers  v.  Hinds.  110  Mich.  300,  68  N.  W.  Rep.  156.  33  L.  R.  A.  356, 

til  Am.  St.  Rep.  345 8 

Neal  v.  Randall.  98  Me.  69.  56  Atl.  Rep.  209.  63  L.  R.  A.  668 53,  54 

O'Donoghue  v.   Moore,    IS.  J.  477,  L.  T.  35.  T.  495)   23  Law  Notes 

(Eng.)    171    9 

Odom  v.  Schmidt,  52  La.  Ann.  2129,  28  So.  Rep.  350 64 

(CM:, II,  V  v.  I),. ni.  7  Wis.  236 54 

Orr  v.  Oldtown,  !'!•  Me.    190,  58  Atl.  Rep.  914 68 

■     II    Me.  338    52  54 

i    v.  A.h, in-,    12   Mete.    (Mass.)    416 54,  55    57.  58 


Table  of  Cases  Cited.  xix 

■  PAQI 

People  v.  Ellis,  88  N.  Y.  App.  Div.  471,  472 Tt? 66 

People  v.  MacWilliams,  91    N.   Y.   App.   Div.    176,   84  N.   Y.   Supp. 

357 30,  37,  38,  42,  44 

People  v.  Schneider,  12  Detroit  Leg.  \.  32,  69  L.  R.  A.  345,   (Mich. 

1905)   103  N.  W.  Rep.  172 21,  37,  38,  41,  42,  43 

Peoria  Bridge  Assoc,  v.  Loomis,  20  111.  235 58 

Perlstein  v.  American  Export  Co.,  177  Mass.  730,  59  N.  E.  Rep.  194,  55 

Pittsburgh  Southern  R.  Co.  v.  Taylor,  104  Pa.  306 58 

PluckweU   v.   Wilson,  5  Car.  4  P.  375 57 

Potter  v.  O'Donnell,  199  111.  119,  64  N.  E.  Rep.  1026 72 

Pratt  v.  Inhabitants  of  Cohasset,  177  Mass.  488,  59  N.  E.  Rep.  79.  .  69 

Railroad  Co.  v.  Bordencbecker,  70  N.  E.  Rep.  995 78 

Radnor  Tp.  v.  Bell,  27  Pa.  Super.  Ct.   1 51.  65 

Rathbun  v.  Payne,   19  Wend.    (N.  Y.)    399 57 

Retterstrom  v.  Brainsford,  etc.,  R.  Co.,  94  N.  W.  Rep.  882 77 

Reynolds  v.  Buck,  ( Iowa)   103  N.  W.  Rep.  946 65,  95,  98 

Rex  v.  Wells,  91  L.  T.  98 66 

Richardson  v.  Danvers,  176  Mass.  413,  57  N.  E.  Rep.  688,  50  L.  R.  A. 

127,  79  Am.  St.  Rep.  330 9 

Riepe  v.  Elting,  89  Iowa  82,  56  N.  W.  Rep.  285,  26  L.  R.  A.  760 ..  .  56 

Ridge  v.  Penn.  R.  R.  Co.,  58  N.  J.  Eq.  172 80 

Roberts  v.  Parker,  117   Iowa  389,  90  N.  W.  Rep.  744,  57  L.  R.  A. 

764,  94  Am.  St.  Rep.  316 8 

Robinson  v.  Louisville  R.  Co.,  112  Fed.  Rep.  484,  5  C.  C.  A.  357.  .72,  77 

Schmidt  v.  New  Jersey  St.  R.  Co.,  49  Atl.  Rep.  438 75 

Schrunk  v.  St.  Joseph.   ( Wis.  1904)   97  N.  W.  Rep.  946 67 

Sears  v.   Seattle  Consol.   St.   R.  Co.,   6   Wash.   227,   333   Pac.   Rep. 

389   72 

Shh.kle  v.  Cullough,   (  Ky.  1903)   77  S.  W.  Rep.  196 27,  47.  48.  49 

Sniit I.   v.   Boon,   84   L.   T.   593 66 

Smith  v.  Dygert,   12  Barb.    (N.  Y.)    613 52,  53 

Smitli  v.  Gardner,    11   Cray    (Mass.)    418 54 

Smith  v.  Jackson  Tp..  26  Pa.  Super.  Ct.  234 68 

Smith  v.  O'Brien,  46  V  V.  Misc.  Rep.  325,  94  N.  Y.  Supp.  673.  .82,  83 

Smitli   v.  Smith,   2   Pick.    ( Mass.)    621 63 

Snyder  v.  City  of  North  Lawrence.  8  Kan.  82 1° 

Spofford  v.  Harlow,  3  Allen  (Mass.  |    1 76 55 

State  v.  Cobb,  (Mo.  App.  1905)   87  S.  W.  Rep.  551 36,  42,  46 

State  v.  Collins,  16  R.  I.  371,  17  Atl.  Rep.  131 8 

State  v.    Inhabitants  of  City  of  Trenton,  54  N.  J.  Law,  (25  Yroom) 

92,  23  St.  Rep.  281 2 

Steele  v.  Burkhardt,  104  Mass.  59 55 


xx  Table  of  Cases  Cited. 

PAGE 

Stein  v.  Lyon,  01  X.  V.  App.  Div.  593 82 

St.-wart  v.  Baruch,  93  X.  Y.  Supp.  161 95 

Btrouse  \.  Whittlesey,  41  Conn.  559 56 

The  Texas.  134  Fed.  Rep.  909 29 

The  VYega,  Prob.  Div.    (1895)    156 76 

Thies  v.  Thomas,  77  N.  Y.  Supp.  276 59,  60,  100,  101 

Thomas  v.  Chicago,  etc.,  R.  Co.,  86  Mich.  496,  49  N.  W.  Rep.  547. .  .  74 
Thompson  v.  Dodge,  58  Minn.  555,  60  X.  W.  Rep.  545,  28  L.  R.  A. 

608.  49  Am.  St.  Rep.  533 8,  28 

Throughton  v.  Manning,  92  L.  T.  855 66 

Toledo  Electric  St.  R,  Co.  v.  Westenhuber,  22  Ohio  Cir.  Ct.  Rep.  67, 

12   Ohio   Cir.   Dec.   22 72 

Turley  v.  Thomas,  8  Car.  &  P.  103 54 

Upton    v.    Windham,    75    Conn.    288,    distinguishing   and   affirming 

Britian  v.  Sharon,  71  Conn.  686 27,  32,  48 

Union  Pac.  R.  Co.  v.  Ruyicka,  65  Neb.  621,  91  N.  W.  Rep.  543 74 

Van  Horn  v.  Burlington,  etc.,  R.  Co.,  59  Iowa  33,  12  N.  W.  Rep.  752,  77 
Volger  v.  Central,  etc.,  R.  Co.,  83  N.  Y.  App.  Div.   101,  82  N.  Y. 

Supp.  485   77 

Ward  v.  Chicago,  etc..  R.  Co..  85  Wis.  601,  55  N.  W.  Ren.  771 73 

Washington  Elec.  Vehicle  Transp.  Co.  v.  District  of  Columbia,   19 

App.  Cas.    (D.  C.)    462 41 

Wayde  v.  Lady  Carr.  2  Dowl.  &  R.  255 54,  57,  58 

Welch  v.  Lawrence,  2  Chitty  262 63 

West  v.  New  York  Transportation  Co.,  94  X.  Y~.  Supp.  426 60 

Weston  v.  District  of  Columbia,  23  App.  Cas.   (D.  C.)   367 86 

Whitman  v.  Fisher,  98  Me.  575,  57  Atl.  Rep.  895 68 

Williuin-  v.  Holland,  0  Car.  &  P.  23 57 

Wilson  v.  Rockland,  2  Harr.  f  Del. )  07 52 

Winterbottom  v.  Wright,  10  M.  &  W.  109 106 

Wood  v.  Luscomb,  23  Wis.  287 57 

Wright  v.  Kb  Lschman,  41  Misc.  WA.  85  X.  Y.  Supp.  62 52,  53 

Wynn  \.  Allard,  5  Watts  &  S.  (Pa.)  524 57 

Yuigsl  v.  Lebanon,  etc.,  R.  R.  Co.,  167  Pa.  St.  438,  31  Atl.  Rep.  687, 

j,r,-  Green,  •! 74 

Zolpher  v.  Camden,  etc.,  R.  Co.,  55  Atl.  Rep.  249 78 


THE  LAW  OF  AUTOMOBILES. 


PAET   I. 
THE  AUTOMOBILE  AND  THE  LAW. 


CHAPTER  I. 
DEFINITIONS    AND    GENERAL    CONSIDERATIONS. 

Sec.  1.  Definition  of  motor  vehicle  in  general. 

2.  Legal  definitions. 

3.  Definitions  in  automobile  legislation. 

4.  Automobile  is  a  vehicle 

5.  Automobile  is  a  carriage. 

§  1.  Definition  of  motor  vehicle  in  general. 

The  term  automobile  is  the  generic  name  which  has 
been  adopted  by  popular  approval  for  all  forms  of  self- 
propelling  vehicles  for  use  upon  highways  and  streets 
for  general  freight  and  passenger  service.  This  defini- 
tion should  not  include  such  self-propelled  machines 
as  steam  road  rollers  or  traction  engines  designed  for 
hauling  loaded  trucks  or  vans  in  trains,  nor  such 
vehicles  as  require  tracks  for  operation.1  The  mean 
ing  of  the  word  automobile  is,  containing  means  of  pro- 

1.  The  New  International  Encyclopedia,  vol.  IT.,  pp.  271.  272. 

'  Ml 


2  The  Law  of  Automobiles. 

pulsion  within  itself;  self-propelling ;  as  automobile 
car  —  an  automobile  vehicle  or  mechanism.2 

The  term  "  auto  "  is  an  abbreviation  of  the  word 
automobile,  used  as  a  prefix  with  the  meaning  of  self- 
moving,  self-propelling;  as  an  autocar,  an  autocar- 
riage,  an  autotruck,  etc.,  an  automobile  car,  carriage, 
truck,  etc.3 

The  term  "  motor  "  is  commonly  used  to  designate 
the  automobile  as  a  whole,  and  the  word  ' '  motoring  ' ' 
is  also  in  common  use  as  meaning  operating  or  driving 
a  motor  vehicle.  However,  unless  the  contrary  ap- 
pears, the  term  "  motor  "  may  have  a  more  limited 
application  Thus  the  word  "  motor  "  in  a  statute 
empowering  street  railways,  with  the  consent  of  the 
municipal  authorities,  to  use  electric  or  chemical 
motors  as  a  propelling  power  of  their  cars,  was  con- 
strued to  mean  the  motion-producing  contrivance  of 
the  car,  and  not  to  embrace  the  entire  car,  though  the 
word  is  sometimes  loosely  used  to  designate  a  whole 
car.4 

§  2.  Legal  definitions. 

The  automobile,  or  self-moving  carriage,  has  not  as 
yet  been  judicially  defined,  though  the  courts  have  said 
more  or  less  in  describing  the  motor  carriage.  The 
only  definition  which  the  author  has  been  able  to  find 
in  any  of  the  law  books  is  that  in  a  law  dictionary, 

2.  Web.   Int.   Diet,,  Supp.,  p.  19. 

3.  Web.  Int.  Diet.,  Supp.,  p.  19. 

4.  State  v.  Inhabitants  of  City  of  Trenton,  .">4  X.  J.  Law  (25  Vroom) 
92,  23  St.  Rep.  281. 

I  In-  word  "  motor  "  moans  a  machine  for  transforming  natural  energy 
in  various  forma  into  mechanical  work,  the  term  in  the  modern  sense 
embracing  windmills,  water-wheels  and  turbines,  steam  engines,  and 
steam  turbine,  the  various  kinds  of  gas  engines  compressed-air  motors, 


Definitions  and  General   Considerations.        3 

which  states  that  the  term  means,  "All  motor  traction 
vehicles  capable  of  being  propelled  on  ordinary  roads. 
Specifically  horseless  carriages. ' ' & 

§  3.  Definitions  in  automobile  legislation. 

Fearing  that  disputes  in  the  future  might  arise  con- 
cerning the  meaning  of  the  terms  employed  in  auto- 
mobile legislation  to  designate  the  automobile,  in  many 
of  the  states  the  terms  "  automobile,"  "  motor  car," 
"  motor  cycle,"  and  "  motor  vehicle  "  have  been  ex- 
pressly defined  by  the  legislatures.  Thus  in  California 
it  is  provided  that  the  term  "  motor  vehicle  "  shall 
include  all  vehicles  propelled  by  any  power  other  than 
muscular,  provided  that  nothing  shall,  with  certain 
exceptions,  apply  to  motor  cycles,  motor  bicycles,  trac- 
tion engines,  or  road  rollers.6  In  Connecticut  it  is 
provided  that  wherever  the  term  "  motor  vehicle  "  is 
used  in  the  act,  except  when  otherwise  expressly  pro- 
vided, it  shall  include  all  vehicles  propelled  by  any 
power  other  than  muscular,  except  road  rollers,  fire 
engines,  police  patrol  wagons,  ambulances,  and  such 
vehicles  as  run  only  upon  rails  or  tracks.7  In  Delaware 
it  is  provided  that  the  term  "  motor  vehicle  "  shall 
include  automobiles,  locomobiles,  and  all  other  vehicles 
propelled  wholly  otherwise  than  by  muscular  power, 
excepting  cars  of  electric  and  steam  railways  and  other 
motor  vehicles  running  upon  rails  or  tracks;  but  noth- 
ing shall  be  construed  to  apply  to  or  affect   bicycles. 

petroleum  motors,  electric  motors,  etc.  steam,  hot-air,  .lms.  ami 
petroleum  motors  together  constitute  the  group  of  thermic  motors,  be- 
cause in  all  of  them  the  source  of  energy  is  heat.  The  Kncyclopedia 
America,  vol.   X. 

5.  See  English's  Law  Diet.,  p.  78. 

6.  Sec  the  California  statutory  provisions,  Tart  Two. 

7.  See  the  Connecticut  statutory  provisions,   Part  Two. 


4  The  Law  of  Automobiles. 

tricycles,  or  such  other  vehicles  as  are  propelled  ex- 
clusively, or  in  part,  by  muscular  pedal  power.8  In 
Maryland  it  is  provided  that  whenever  the  term  motor 
vehicle  is  used  it  shall  be  construed  to  include  auto- 
mobiles, locomobiles,  and  all  other  vehicles  propelled 
otherwise  than  by  muscular  power  and  having  more 
than  two  wheels,  but  shall  not  be  taken  to  include  the 
cars  of  electric  and  steam  railways,  and  other  vehicles 
running  only  upon  rails  or  tracks,  road  or  traction 
engines,  bicycles,  tricycles,  or  other  similar  vehicles 
propelled  exclusively  by  muscular  power,  or  motor 
cycles,  except  as  to  the  speed  prescribed  by  the  law.9 
In  Massachusetts  it  is  provided  that  the  terms  "  auto- 
mobile "  and  "  motor  cycle  "  shall  include  all  vehicles 
propelled  by  power  other  than  muscular  power,  ex- 
cepting railroad  and  railway  cars  and  motor  vehicles 
running  only  upon  rails  or  tracks,  and  steam  road 
rollers.10  In  Michigan  it  is  provided  that  the  term 
"  motor  vehicles  "  shall  be  construed  to  mean  all 
vehicles  propelled  by  power  other  than  muscular 
power,  except  traction  engines  and  such  motor  vehicles 
as  run  only  upon  rails  or  tracks.11  In  Montana  it  is 
provided  that  the  term  "  motor  vehicle  "  shall  include 
all  vehicles  propelled  by  any  power  other  than  niuscu- 
lar  power,  excepting  railroad  and  railway  cars  and 
motor  vehicles  running  only  upon  rails  or  tracks.12 
In  Nebraska  it  is  provided  that  the  term  "  motor 
vehicle  "  shall  include  all  vehicles  propelled  by  any 
power   other   than   muscular   power,    excepting    such 

8.  See  the  Delaware  -tatntory  provisions,  Part  Two. 

9.  Sir  the  Maryland  statutory  provisions,  Part  Two. 

10.  See  the  Massachusetts  statutory  provisions.  Part  Two. 

11.  Sec  the  Michigan  statutory  provisions,  Part  Two. 

12.  See  tin'  Montana  statutory  provisions,  Part  Two. 


Definitions  and   General   Considerations.        5 

motor  vehicles  as  run  only  upon  rails  or  tracks,  pro- 
vided nothing  shall  apply  to  traction  engines  or  road 
rollers.13  In  New  Hampshire  it  is  provided  that  the 
terms  "  automobile  "  and  "  motor  cycle  "  shall  in- 
clude all  vehicles  propelled  by  power  other  than  muscu- 
lar power,  except  railroad  and  railway  cars  and  motor 
vehicles  running  only  upon  rails  or  tracks  and  road 
rollers.14  In  New  Jersey  the  term  "  motor  vehicle  " 
includes  all  vehicles  propelled  otherwise  than  by 
muscular  power,  excepting  such  vehicles  as  run  only 
upon  rails  or  tracks.  The  term  "motor  cycle  "  in- 
cludes only  motor  vehicles  having  pedals  and  saddle 
with  driver  sitting  astride.  The  term  "  automobile  " 
includes  all  motor  vehicles  excepting  motor  cycles. 
Automobile  fire  engines  and  such  self-propelling  vehi- 
cles as  are  used  neither  for  the  conveyance  of  persons 
for  hire,  pleasure,  or  business,  nor  for  the  transporta- 
tion of  freight,  such  as  steam  road  rollers  and  traction 
engines,  are  excepted  from  the  provision  of  the  New 
Jersey  law.15  The  New  York  statute  provides  that 
the  term  "  motor  vehicle  "  shall  include  all  vehicles 
propelled  by  any  power  other  than  muscular  power, 
excepting  such  motor  vehicles  as  run  upon  rails  or 
tracks;  however,  nothing  contained  in  the  act  shall, 
except  as  provided  by  subdivision  4  of  section  3,  which 
regulates  the  control  of  motor  vehicles,  motor  cycles, 
and  motor  bicycles  when  meeting  horses,  apply  to 
motor  cycles,  motor  bicycles,  traction  engines,  or  road 
rollers.10  In  Indiana  it  is  provided  that  the  term 
"  motor  vehicle  "  shall  include  all  vehicles  propelled 

13.  See  the  Nebraska  statutory  provisions,  Pabt  Two. 

14.  See  the  New  Hampshire  statutory  provisions,  Pakt  Two. 

15.  See  the  New  Jersey  statutory  provisions,   Pabi    Two. 

16.  See  the  New  York  statutory  provisions,  Pakt  Two. 


6  The  Law  of  Automobiles. 

by  any  power  other  than  muscular  power,  excepting 
traction  engines,  road  rollers,  and  such  motor  vehicles 
as  run  only  upon  rails  or  tracks.17  In  Iowa  it  is  pro- 
vided that  the  term  "  motor  vehicle  "  shall  include  all 
vehicles  propelled  by  any  power  other  than  muscular 
power,  excepting  such  motor  vehicles  as  run  only  upon 
rails  or  tracks,  provided  nothing  shall  apply  to  trac- 
tion engines  or  road  rollers.18  In  Kansas  it  is  pro- 
vided that  the  terms  "  automobile  "  and  "  motor 
vehicle  "  shall  be  construed  to  include  all  types  and 
grades  of  motor  vehicles  propelled  by  electricity, 
steam,  gasolene,  or  other  source  of  energy,  commonly 
known  as  automobiles,  motor  vehicles,  or  horseless 
carriages,  using  the  public  highways  and  not  running 
on  rails  or  tracks.19  In  South  Carolina  it  is  provided 
that  the  term  "  motor  vehicles  "  includes  all  vehicles 
propelled  by  gasolene  or  other  explosive  vapor,  steam, 
electricity,  or  other  kindred  powers,  but  the  law  does 
not  apply  to  road  rollers,  nor  to  motor  vehicles  run 
upon  rails  as  set-tramways  or  tracks.20  In  South 
Dakota  it  is  provided  that  the  term  "  motor  vehicle  " 
shall  include  all  vehicles  propelled  by  any  power  other 
than  muscular  power,  excepting  such  motor  vehicles 
as  run  only  upon  rails  or  tracks,  provided  that  nothing 
shall  apply  to  traction  engines  or  road  rollers.21  In 
Rhode  Island  it  is  provided  that  the  terms  "  auto- 
mobile," "  motor  car,"  and  "  motor  cycle  "  shall  in- 
clude all  vehicles  propelled  by  power  other  than 
muscular  power,  excepting  railroads  and  railway  cars 

17.  Sic  the  Indiana  statutory  provisions,  Part  Two. 

18.  Bee  the  Iowa  statutory  provisions,  Part  Two. 

19.  Sec  tlip  Kansas  statutory  provisions,  Part  Two. 

20.  Sec  the  Smitli  Carolina  statutory  provisions.  Part  Two. 

21.  Bee  ihc  South  Dakota  statutory  provisions,  Part  Two. 


Definitions  and  General   Considerations.        7 

and  motor  vehicles  running  only  upon  rails  or  tracks 
and  steam  road  rollers.22  In  Vermont  it  is  provided 
that  the  terms  "  automobile  "  and  "  motor  vehicle  " 
shall  include  all  vehicles  propelled  by  power  other  than 
muscular  power,  excepting  railroad  and  railway  cars 
and  motor  vehicles  running  only  upon  rails  or  tracks 
and  steam  road  rollers.23  In  Virginia  the  term  "  ma- 
chine "  is  used  to  designate  the  automobile.24 

Meaning  of  the  icord  "  team." —  In  the  law  of  the 
road  of  Maine  it  is  provided  that  the  word  "  team  ' 
includes  all  kinds  of  carriages  on  the  public  ways  for 
persons  and  for  property.25 

§  4.  Automobile  is  a  vehicle. 

There  can  be  little  doubt  but  that  the  automobile 
constitutes  in  law  a  vehicle,  ordinarily  speaking,  and 
it  comes  within  a  definition  stating  that  "  a  vehicle  is 
a  carriage  moving  on  land,  either  on  wheels  or  runners ; 
a  conveyance;  that  which  is  used  as  an  instrument  of 
conveyance  or  communication. "  26     In  Connecticut  it 

22.  See  the  Rhode  Island  statutory  provisions,  Part  Two. 

23.  See  the  Vermont  statutory  provisions,  Part  Two. 

24.  See  the  Virginia  statutory  provisions.  Part  Two. 

25.  See  the  Maine  statutory  provisions.  Part  Two. 

26.  Davis  v.  Petrinovieh,  112  Ala.  564,  21  So.  Rep.  344,  36  L.  R.  A. 
615   (quoting  Cent.  Diet.). 

The  automobile  is  a  vehicle  in  common  use  for  transporting  both  per- 
sons and  merchandise  upon  the  public  ways,  and  its  use  is  regulated  by 
statute.     Baker  v.  City  of  Fall  River,   (Alass.  1904)   72  N.  E.  Rep.  336. 

The  ordinances  for  the  city  of  New  York  provide  as  follows:  "  Every 
wagon,  carriage,  omnibus,  sleigh,  pushcart,  bicycle,  tricycle,  and  other 
conveyance  (except  baby  carriages),  in  whatever  manner  or  bv  what- 
ever force  or  power  the  same  may  be  driven,  ridden  or  propelled,  which 
is  or  may  be  used  for  or  adapted  to  pleasure  riding  or  the  transportation 
of  passengers,  baggage,  or  mercnandise  upon  the  street  :  and  every 
draught  and  riding  animal,  whether  driven,  ridden  or  led,  excepting 
that  an  animal  or  animals  attached  to  any  vehicle  shall,  with  such 
vehicle,  constitute  one  vehicle." 


8  The  Law  of  Automobiles. 

was  provided  by  statute  that  the  word  "  vehicle  " 
whenever  it  occurred  in  the  enactments  regulating  the 
use  of  whicles  on  the  highways  should  be  construed 
to  include  bicycles,  tricycles,  and  motor  carriages.27 
The  statutes  of  the  United  States  provide  that  the 
word  "  vehicle  "  includes  every  description  of  car- 
riage or  other  artificial  contrivance  used,  or  capable 
of  being  used,  as  a  means  of  transportation  on  land.28 
In  this  connection  it  is  of  interest  to  note  that  accord- 
ing to  a  long  line  of  decisions  the  term  ' '  vehicle  ' '  in- 
cludes a  bicycle,  and  it  is  very  appropriately  stated  in 
a  Minnesota  case  that  the  term  "  vehicle  "  includes  a 
bicycle,  the  latter  being  used  very  excessively  for  con- 
venience, recreation,  pleasure,  and  business;  and  the 
riding  of  bicycles  upon  the  public  highway  in  the  ordi- 
nary manner,  as  it  is  now  done,  is  neither  unlawful 
nor  prohibited,  as  they  cannot  be  banished  because 
they  were  not  ancient  vehicles  and  used  in  the  Garden 
of  Eden  by  Adam  and  Eve.29 


27.  Gen.  Stat.  (nun.  1902,  sec.  2038. 

2&.  U.  S.  Comp.  Stat.  1901,  p.  4,  sec.  4. 

29.  Thompson  v.  Dodge,  58  Minn.  555,  GO  N.  W.  Rep.  545,  28  L.  R.  A. 
608,  19  Am.  si.  Rep.  533. 

Thai  the  term  "  vehicle  "  includes  the  bicycle,  see  Davis  v.  Petrinovich, 
L12  Ala.  564,  21  So.  Rep.  344,  36  L.  R.  A.  615;  Mercer  v.  Corbin,  117 
Irnl.  450,  20  X.  E.  Rep.  132,  L34,  3  L.  R.  A.  221,  10  Am.  St.  Rep.  70; 
Bolland  \.  Bartch,  120  Ind.  46,  22  \.  E.  Rep.  83,  85,  10  Am.  St.  Rep. 
:;n7:  Roberta  v.  Parker,  117  Iowa  389,  on  X.  W.  Rep.  744.  57  L.  R.  A. 
764,  94  Am.  Si.  Rep.  :M<i:  Myers  v.  Hinds,  110  Midi.  300.  08  N.  W.  Rep. 
156,  157,  33  1..  R.  A.  356,  64  Am.  St.  Rep.  34.");  Thompson  v.  Dodge,  58 
Minn.  :<r,r,.  on  X.  \V.  Rep.  545,  546,  28  L.  R.  A.  COS.  4!)  Am.  St.  Rep. 
nier  v.  city  of  Fargo,  11  X.  D.  73,  88  N.  W.  Rep.  1030.  1031, 
95  Am.  St.  Rep.  7(i.-.:  Lacy  v.  Winn.  4  Pa.  Dist.  Rep.  409,  412;  State  v. 
Collin-.  !  I  R.  I.  371,  17  All.  Rep.  131:  Laredo  Electric  &  Ry.  Co.  v. 
Bamill  I      .  <  i\.  App.  480,  :>ii  S.  W.  Rep.  998,  1000;  Jones  v.  City 

of  Williamsburg,  97  Va.  722,  34  S.  E.  Rep.  883,  47  L.  R.  A.  294. 


Definitions  and  General   Considerations.        9 

§  5.  Automobile  is  a  carriage. 

There  seems  to  be  no  question  as  to  whether  the 
term  "  carriage  "  includes  the  modern  vehicle  of 
transportation,  for  it  has  been  emphatically  Laid  down 
in  two  cases  thai  an  automobile  is  a  carriage.  Plainly. 
an  automobile  is  a  vehicle  which  can  carry  passengers 
or  inanimate  matter,  and  so  is  such  a  carriage.80  But 
in  distinguishing  the  automobile  from  the  bicycle  it 
should  be  mentioned  that  it  has  been  held  that  a 
bicycle  was  not  a  carriage  within  the  meaning  of  a 
Massachusetts  statute  requiring  highways  to  be  kept 
reasonably  safe  for  carriages.31 

"A  pleasure  carriage  is  one  for  the  more  easy,  con- 
venient, and  comfortable  transportation  of  persons,"  ::~ 
and  the  term  "  pleasure  carriage,"  as  used  in  an  act 
establishing  a  turnpike,  includes  a  one-horse  wagon 
with  a  spring  seat  and  painted  sides  which  is  not  used 
for  farming  purposes  or  for  carrying  goods.33  Under 
these  definitions  of  the  term  "  pleasure  carriage  " 
there  seems  to  be  no  doubt  as  to  whether  a  motor 
vehicle,  which  is  used  for  the  more  easy,  convenient, 

30.  Baker  v.  City  of  Fall  River,  (Mass.  1904)  72  X.  E.  Rep.  336; 
Cum.  v.  Hawkins,   14  Pa.  Dist.  Rep.  502. 

The  New  York  Highway  Law  provides  thai  the  term  "carriage" 
shall  be  construed  to  include  automobiles.  Gen.  Laws  New  York,  vol. 
2.  sec.  162,  p.  1639. 

Motor  bicycle  is  a  "  carriage."  —  The  Divisional  Court  of  England 
declared  a  motor  bicycle  to  be  a  carriage  (Lord  Riverstone,  C.  J.,  Mills 
and  Kennedy.  J.I.)  and  thai  it  comes  within  the  English  Inland  Revenue 
Act,  1888,  see.  4.  and  m  owner  is  liable  to  pay  duty  upon  it  as  a 
jarriage.  O'Donoghue  v.  Moore,  (S.  J.  477:  L.  T.  35;  T.  495)  23  Law- 
Net,-   i  Eng.)    171. 

31.  Richardson  v.  Danvers,  176  Mass.  413,  :>7  \.  E.  Rep.  688,  50 
L.  R.  A.  127,  7!)  Am.  St.  Rep.  330. 

32.  Brendon  v.  Warley,  28  X.  V.  Supp.  557,  8  Mi-.  Rep.  253. 

33.  Moss  v.  Moore.   IS  Johns.    (N.   ¥.)    128. 


10  The  Law  of  Automobiles. 

and  comfortable  transportation  of  persons,  is  a  pleas- 
ure carriage.  The  term  carriage,  under  a  statute 
or  ordinance,  may  refer  only  to  vehicles  as  automobiles 
used  for  the  conveyance  of  persons,  and  not  those 
used  in  the  transportation  of  property.  Thus,  where 
an  ordinance  provided  that  no  one  should  keep  or  hire 
out  carriages  without  license,  it  was  held  carriages  for 
persons  only  were  meant.34 

34.  Snyder  v.  City  of  North  Lawrence,  8  Kan.  82. 


CHAPTER  II. 


HISTORICAL. 


Sec.   1.  Automobile  vehicle  of  modern  times. 
2.  Development  of  motor  carriage. 
.3.  Growth  of  law. 

§  1.  Automobile  vehicle  of  modern  times. 

The  automobile  is  decidedly  a  vehicle  of  modern 
times.  In  1899  there  were  but  few  automobiles  in 
existence  in  the  United  States,  while  at  the  present 
time  there  are  thousands  of  motor  cars  and  the  num- 
ber is  increasing  from  year  to  year.  The  modern 
automobile  is  a  development  of  comparatively  recent 
date,  but  its  inception  dates  back  to  the  early  days  of 
the  steam  engine.  In  1680  Sir  Isaac  Newton  proposed 
a  steam  carriage  to  be  propelled  by  the  reactive  effect 
of  a  jet  of  steam  issuing  from  a  nozzle  at  the  rear  of 
the  vehicle.  In  1790  Nathan  Read  patented  and  con- 
structed a  model  steam  carriage  in  which  two  steam 
cyclinders  operated  racks  running  in  pinions  on  the 
driving  shaft.  In  1769-1770  Nicholas  Joseph  Cugnot, 
a  Frenchman,  built  two  steam  carriages.  The  larger 
of  these  is  still  preserved  in  Paris,  and  was  designed 
for  the  transportation  of  artillery.  Murdock,  an 
assistant  of  James  Watt,  constructed  a  model  carriage 
operated  by  a  grasshopper  engine,  and  in  1786  Oliver 
Evans,  of  the  United  States,  suggested  the  use  of 
steam  road  wagons  to  the  Lancaster  Turnpike  Com- 
pany of  Maryland.  In  1802  Richard  Trevitluek  built 
a  steam  carriage,  which  was  exhibited  in  London,  hav- 

[ii] 


VI  The  Law  of  Automobiles. 

ing  driven  itself  ninety  miles  from  Camborne,  where 
it  was  built,  to  London.  This  carriage  brings  us  to  the 
notable  period  of  steam-coach  construction  in  England, 
which  lasted  until  1836.  From  this  time  we  have  ex- 
perienced periods  of  development  of  the  automobile 
until  it  is  in  its  present  shape.1 

§  2.  Development  of  motor  carriage. 

The  successful  displacement  of  animal  power  by 
mechanical  devices  is  an  old  problem.  The  early 
records  of  achievement  in  this  direction  were  so  frag- 
mentary and  imperfect  that  the  earliest  conception  of 
the  idea  is  mysteriously  hidden  in  the  past.  The 
application  of  the  force  of  steam  for  propulsion  on 
sea  and  land  was  anticipated  by  Roger  Bacon  when 
he  wrote:  "  We  will  be  able  to  construct  machines 
which  will  propel  large  ships  with  greater  speed  than 
a  whole  garrison  of  rowers,  and  which  will  need  only 
one  pilot  to  direct  them;  we  will  be  able  to  propel  car- 
riages with  incredible  speed  without  the  assistance  of 
any  animal;  and  we  will  be  able  to  make  machines 
which  by  means  of  wings  will  enable  us  to  fly  into  the 
air  like  birds."  2 

§  3.  Growth  of  law. 

To  study  automobile  legislation  and  the  decisions 
of  the  courts  concerning  motor  vehicles,  one  does  not 
have  to  wade  through  centuries  of  musty  reports, 
though  such  a  process  often  is  necessary  in  looking 
up  a  rule  or  principle  of  law  applicable  to  the  auto- 
mobile or  ils  operation  on  the  public  streets  and  high- 
^'a;.         The   legislative  enactments  and  judicial  de- 


1.  The  N'i'w    [nternationa]   Encyclopedia,  vol.  II..  pp.  271,  272. 

2.  The  Encyclopedia  America,  vol.  II. 


Historical,.  13 

cisions  in  the  United  States  do  not  extend  ftffther  hack 
than  seven  years  from  the  present  time.  In  England, 
however,  Parliament  regulated  the  operation  of  the 
steam  carriages  by  an  act  passed  in  L896,  which  was 
the  parent  of  the  amendatory  act  passed  in  1903, 
known  as  the  "  Motor  Car  Act  of  1903."  In  the 
United  States  in  1899  there  were  no  cases  decided  con- 
cerning motor  cars  in  the  law  reports,  but  from  that 
time  on  until  the  present  the  increase  of  legislation 
and  judicial  decisions  is  very  noticeable  and  marked; 
so  that  the  conclusion  is  warranted  that  there  has 
commenced  a  branch  of  the  law  which  will  devote  much 
attention  to  the  twentieth  century  conveyance.3 

3.  See  Law  Notes,  vol.  IX.,  No.  8,  p.  147. 


CHAPTER  in. 

NATURE  AND   STATUS   OF  AUTOMOBILE. 

Sec.  1.  Automobile  not  a  machine  only. 

2.  Automobile  not  a  dangerous  machine. 

3.  Motive  power  as  affecting  status. 

4.  Advantages  over  animal-drawn  vehicles. 

5.  Tendency  to  frighten  horses. 

6.  Judicial   notice  of  characteristics. 

7.  Classification  of  automobiles. 

8.  Automobiles  as  carriers. 

§  1.  Automobile  not  a  machine  only. 

The  automobile  is  something  more  than  a  mere 
machine.1  The  mechanical  part  of  the  motor  vehicle 
is  only  a  substitute  for  animal  power.  Aside  from  its 
novel  method  of  propulsion  and  guidance,  the  auto- 
mobile is  not  substantially  different  from  any  other 
ordinary  vehicle  which  travels  on  the  public  ways. 
However,  it  possesses  many  characteristics  which 
take  it  out  of  the  category  of  the  older  means  of 
transportation,  as  will  be  seen  later  on.  As  has  been 
said  before,  it  is  a  carriage,  and  a  vehicle,  and  not  only 
is  it  a  most  efficient  means  of  transportation,  but  it 
constitutes  a  most  useful  mode  of  road  traveling 
cither  for  pleasure  or  profit,  It  is  hardly  necessary  to 
mention  that  an  automobile  is  personal  property,  and 
the  fact  that  it  is  property  affords  to  the  owner  the 
protection  of  constitutional  provisions,  both  State  and 
Federal. 


1.  See  Baker  v.  City  of  Fall  River.  (Mass.  1905)  72  N.  E.  Rep    336. 

[14] 


Nature  and  Status  of  Automobile.  15 

§  2.  Automobile  not  a  dangerous  machine. 

It  is  believed  to  be  a  common  opinion  among  many 
that  the  automobile  constitutes  a  dangerous  machine, 
and  that  the  operation  of  the  motor  vehicle  on  the 
public  thoroughfares  is  necessarily  hazardous.  This 
is  a  mistaken  view.  The  motor  carriage  is  not  to  be 
classed  with  railroads,  which,  owing  to  their  peculiar 
and  dangerous  character,  are  subject  to  legislation 
imposing  many  obligations  on  them  which  attach  to 
no  others.2  Certainly  a  motor  vehicle  is  not  a 
machine  of  danger  when  controlled  by  an  intelligent, 
prudent  driver.  The  hazard  in  many  cases  to  which 
the  safety  of  the  public  may  be  exposed,  results  from 
the  personal  part  played  in  motoring,  rather  than 
from  the  nature  of  the  vehicle.  It  is  evident,  there- 
fore, that  it  is  in  the  manner  of  driving  the  vehicle, 
and  that  alone,  which  threatens  the  safety  of  the  pub- 
lic. The  ability  immediately  to  stop,  its  quick  re- 
sponse to  guidance,  its  unconfined  sphere  of  action, 
would  seem  to  make  the  automobile  one  of  the  least 
dangerous  of  conveyances.3     As  bearing  on  this  ques- 

2.  Baldwin  on  American  Railroad  Law,  p.  217. 

3.  See  Yale  Law  Journal,  Dec.  1905. 

"The  danger  of  rapidly  moving  machinery  calls  for  (ho  exercise  of 
care  on  the  part  of  its  owner  to  avoid  damage  to  persons  lawfully  near 
it.  ...  To  the  person  injured,  however,  such  machinery  is  suggestive 
of  danger,  and  he  must  exercise  remarkable  care  accordingly.  And  dis- 
regard  of  such  danger  ...  is  contributory  negligence  sufficient  to 
har  recovery.     Jaggard  on  Torts,  vol.    II..  pp.  862,  S(>:5. 

In  Bertles  v.  The  Laurel  Run  Turnpike  Co.,  15  Pa.  Dist.  Rep.  94,  the 
petitioner  for  a  mandamus  to  compel  a  turnpike  company  to  permit  him 
to  run  his  automobile  on  the  company's  road,  unpardonably  admitted 
"that  automobiles,  by  reason  of  their  size,  great  speed,  rivaling  tin- 
velocity  of  railroad  trains,  and  alarming  noise,  arc  extremely  dangerous 
to  the  traveling  public,  and  their  use  on  public  highways  is  fraught  with 
great  danger  to  travelers  who  drive  horses." 


16  The  Law  of  Automobiles. 

tion,  it  has  been  stated  by  authority  that  out  of  a  total 
of  3,482  deaths  reported  to  the  coroner's  office  in  the 
city  of  Chicago  for  the  year  1905,  only  five  were  caused 
by  automobiles.  For  every  death  caused  by  an  auto- 
mobile iu  the  city  of  Chicago  there  were  more  than 
seventy  deaths  caused  by  railroad  accidents.  Twelve 
people  were  killed  by  wagons  to  every  one  who  met 
death  at  the  hands  of  an  automobile.  More  deaths 
have  resulted  from  being  kicked  by  horses  and  acci- 
dental choking  than  by  the  motor  vehicle. 

A  motor  car,  like  a  carriage  and  pair,  is  in  itself  harmless  enough; 
but  if  the  carriage  is  driven  in  a  crowded  thoroughfare  at  the  utmost 
speed  that  can  be  got  out  of  the  two  horses,  it  becomes  to  all  intents  as 
dangerous  a  vehicle,  and  as  much  an  instrument  of  terror,  as  a  motor 
car  would  be  when  driven  without  any  consideration  or  regard  for  the 
safety  of  the  persons  in  the  thoroughfare.  The  gravamen  of  the  indict- 
ment against  motorists  as  a  class  is  that  a  large  proportion  of  the 
individuals  composing  that  class  habitually  drive  their  motor  cars, 
whether  intentionally  or  inadvertently,  with  a  total  disregard  for  the 
safety  or  comfort  of  other  persons  using  the  road.  That  such  an  evil 
exists  and  that  active  means  should  be  taken  to  secure  its  immediate 
diminution  or  suppression  cannot  be  denied.  The  proper  adjustment  of 
the  respective  rights  of  persons  owning  and  traveling  in  motor  cars  and 
of  persons  lawfully  using  the  highways  and  public  roads  is  the  serious 
problem  calling  for  solution.  These  two  sections  of  the  public  each  have 
definite  legal  rights,  though  there  seems  to  be  as  yet  a  very  indefinite 
conception  of  the  nature  of  such  rights.  The  Justice  of  the  Peace,  vol. 
LXIX..  No.  39,  p.  458. 

"A  car  with  a  defective  brake  is  not  such  an  immediately  dan- 
geroue  instrument  as  to  render  a  railroad  company  liable  to  any  one 
injured  thereby,  in  the  absence  of  contract  or  other  relation."  Jaggard 
on  Torts,  irol.  1 1.,  p.  859. 

A   bicycle    is   in    itself   an    innocent   vehicle.      It   is   entitled   to   the 

of  the  road    (bul   not  of  the  sidewalk)   equally  with  a  carriage  or 

other  vehicle;  and.  if  it  is  going  a1  such  a  rate  of  speed  as  to  frighten 

there  is  liability  on  the  pari  of  the  rider  only  when  his  want  of 

<;ue  can  be  -liuvvn.    Carriages  and  other  vehicles  drawn  by  horses  become 

dangerous   because  of   the    motion  given   to  them,   and   because  of  the 

horses  to  run  away  and  otherwise  do  damage.    Jaggard  on 

Torts,  wd.  [L,  j,.  859. 


Nature  and  Status  of  Automobile.  17 

Adverse  judicial  statements  made  by  the 'courts 
apparently  condemning  the  automobile  have  not  been 
infrequent.  Thus,  the  Supreme  Court  of  Illinois  has 
stated  that  it  is  a  matter  of  common  knowledge  that 
an  automobile  is  likely  to  frighten  horses.  It  is  pro- 
pelled by  a  power  within  itself,  is  of  unusual  shape,  is 
capable  of  a  high  rate  of  speed,  and  produces  a  puffing 
noise  when  in  motion.  All  this  makes  such  a  horseless 
vehicle  a  source  of  danger  to  pedestrians  and  persons 
traveling  on  the  highway  in  vehicles  drawn  by  horses.4 
The  Supreme  Judicial  Court  of  Massachusetts  has 
declared  that  automobiles  are  capable  of  being  driven, 
and  are  apt  to  be  driven,  at  such  a  high  rate  of  speed, 
and  when  not  properly  driven  are  so  dangerous  as  to 
make  some  regulation  necessary  for  the  safety  of  other 
persons  on  the  public  ways.5  Notwithstanding  these 
and  similar  judicial  utterances,  it  is  particularly  notice- 
able that  up  to  the  present  time  no  court  has  stated 
or  decided  that  the  automobile  itself  is  a  dan- 
gerous vehicle  either  to  the  occupants  or  to  the  public. 
Whatever  language  the  courts  have  used,  which  ap- 
parently condemns  motoring,  has  been  directed  against 
the  careless  chauffeur  or  operator  and  not  against  the 
motor  car.  The  foregoing  statements  may  be  subject 
to  slight  modification  for  the  reason  that  it  is  stated 
in  an  Ohio  case  that  the  automobile  is  more  dangerous 
than  the  street  car,  because  the  latter,  being  confined 
to  tracks,  can  more  easily  be  avoided  in  case  of  a 
threatened  injury.  In  this  case  the  owner  and  opera- 
tor of  an  automobile  was  arrested,  tried,  and  fined 


4.  Christi?  v.  Elliott,  216  111.  31,  1  L.  R.  A.    (X.  S.)    124.  74  N.  E. 
Rep.   1035. 

5.  Com.  v.  Boyd,  188  Mass.  79,  74  N.  E.  Rep.  255. 

2 


18  The  Law  of  Automobiles. 

$25  and  costs  by  the  police  court  of  the  city  of  Colum- 
bus, Ohio,  for  running  his  automobile  at  an  unlawful 
speed  within  the  city  limits,  in  violation  of  an  ordi- 
nance of  the  city  of  Columbus,  which  prohibited  a 
speed  in  excess  of  seven  miles  an  hour.  The  motorist 
contended  that  the  law  was  partial  and  discriminated 
against  automobiles,  because  another  ordinance  allowed 
street  cars  to  run  at  a  greater  rate.  The  court  held, 
however,  that  such  a  discrimination  was  proper,  be- 
cause street  cars  are  confined  to  their  tracks  and  can 
easily  be  avoided,  whereas  automobiles  have  no  certain 
course,  and  on  that  account  are  much  more  dangerous 
to  the  pedestrian.6 

§  3.  Motive  power  as  affecting  status. 

There  is  no  vehicle  operated  in  the  public  streets 
and  highways  that  bears  much  similarity  to  the  auto- 
bile.  The  bicycle,  it  is  true,  occupies  a  unique  position 
when  compared  with  the  older  vehicles,  but  the  motor 
carriage  occupies  a  position  and  status  of  its  own. 
The  motor  car's  freedom  of  navigation,  speed,  con- 
trol, power,  purposes,  and  the  existence  or  nonexistence 
of  noise  in  running  necessarily  stamps  the  automobile 
with  a  status  different  from  that  attached  to  other 
vehicles.  Especially  is  this  true  in  reference  to  the 
motive  power  and  its  application.  In  animal-drawn 
vehicles  the  power  is  from  the  front.  The  vehicle  is 
<li<i ini.  In  automobiles  the  power  is  generally  ap- 
plied from  the  back  of  the  carriage,  and  the  vehicle  is 
in  fact  pushed  along.  This  radical  difference  in  the 
application  of  power  is  of  importance,  and  may  be 
controlling  in  legal  controversies  in  respect  to  the  con- 

6.  Chittenden  v.  Columbus,  20  Ohio  Cir.  Ct.  531. 


Nature  and  Status  of  Automobile.  19 

dition  of  highways  and  other  matters.  Recent  legis- 
lation has  given  the  automobile  a  status  of  its  own,  if 
nothing  else  has. 

§  4.  Advantages  over  animal  drawn  vehicles. 

The  advantages  of  the  automobile  over  animal- 
drawn  vehicles  are  too  numerous  to  mention  in  a  work 
oi  this  nature.  However,  there  are  one  or  two  advan- 
tageous points  in  the  motor  vehicle's  favor  which 
should  be  mentioned.  We  have  seen  that  there  is  an 
alleged  element  of  danger  in  the  operation  of  the 
horseless  carriage.  Aside  from  this,  however,  every 
other  characteristic  of  the  automobile  is  decidedly  in 
its  favor.  It  leaves  no  filth  in  the  streets.  It  is  the 
most  sanitary  vehicle  that  travels  on  the  public  ways. 
There  certainly  can  never  be  any  police  regulation  of 
the  motor  car's  operation  on  account  of  filth.  Again, 
notwithstanding  opinion  to  the  contrary,  the  auto- 
mobile creates  little  wear  and  tear  on  the  public  ave- 
nues of  travel.  This  has  a  more  or  less  legal  bearing 
on  highway  legislation.  The  superiority  of  the  auto- 
mobile in  these  matters  needs  no  further  discussion 
to  be  convincing. 

§  5.  Tendency  to  frighten  horses. 

That  the  automobile  has  a  tendency  to  frighten 
horses  unaccustomed  to  its  appearance  must  be  con- 
ceded. This  has  been  one  of  the  worst  obstacles  to 
motoring  and  driving,  and  has  been  the  cause  of  much 
litigation.  However,  horses  are  fasl  being  educated 
to  the  sight  of  the  automobile,  and  when  horses  gen- 
erally are  no  longer  frightened  at  its  appearance  the 
legislative  regulation  concerning  the  meeting  of  horses 


20  The  Law  of  Automobiles. 

and  automobiles  on  the  road  will  be  no  longer  needed 
and  without  reason.  As  said  by  the  Supreme  Court 
of  California:  "  Of  course,  if  the  use  of  automobiles 
gradually  becomes  more  common,  there  may  came  a 
time  when  an  ordinance  like  the  one  here  in  question 
[the  ordinance  prohibited  motoring  at  night  on  coun- 
try roads]  would  be  unreasonable.  As  country  horses 
are  frequently  driven  into  cities  and  towns,  many  of 
them  will  gradually  become  accustomed  to  the  sight 
of  automobiles,  and  the  danger  of  their  use  on  country 
roads  will  be  less."  ' 

In  connection  with  this  subject  it  is  of  interest  to 
note  what  has  been  said  by  the  Appellate  Division  of 
the  Supreme  Court  of  Neiv  York:  "  Since  the  auto- 
mobile has  come  into  use  upon  our  streets  and  high- 
ways these  accidents  [resulting  from  frightening 
horses]  have  been  common,  and  actions  to  recover  dam- 
ages resulting  therefrom  have  been  frequent.  These 
machines  may  be  used  on  the  public  highways,  but 
horses  will  also  continue  to  be  used  for  a  time  at  least. 
Both  may  be  equally  used  as  motive  power  in  public 
travel.  Some  horses  are  frightened  when  they  meet 
these  machines,  and  it  is  the  duty  of  persons  running 
the  machines  to  exercise  reasonable  care  to  avoid 
accident  when  horses  become  frightened.  It  is  not 
pleasant  to  be  obliged  to  slow  down  these  rapid- 
running  machines  to  accommodate  persons  driving  or 
tiding  slow  country  horses  that  do  not  readily  become 
accustomed  to  the  innovation.  It  is  more  agreeable  to 
send  the  machine  along,  and  let  the  horse  get  on  as 
best  he  may,  but  it  is  well  to  understand,  if  this  course 
is  adopted  and  accident  and  injury  result,  that  the 

7.  Ex  parte  Berry,  (Cal.  1905)  82  Pac.  Rep.  44. 


Nature  and  Status  of  Automobile.  21 

automobile  owner  may  be  called  upon  to  respond  in 
damages  for  such  injuries."8 

§  6.  Judicial  notice  of  characteristics. 

The  court  will  take  judicial  notice  that  automobiles 
may  be  driven  at  a  high  rate  of  speed.9  Under  a 
statutory  provision  requiring  courts  to  take  judicial 
notice  "  of  the  significance  of  all  English  words  and 
phrases,"  a  court  will  assume  judicial  knowledge  of 
an  automobile,  its  characteristics,  and  the  consequences 
of  its  use.  As  said  by  the  Supreme  Court  of  Cali- 
fornia: "  We  may  assume  *  *  *  to  have  what  is 
common  and  correct  knowledge  about  an  automobile. 
Its  use  as  a  vehicle  for  traveling  is  comparatively 
recent.  It  makes  an  unusual  noise.  It  can  be,  and 
usually  is,  made  to  go  on  common  roads  at  great 
velocity  —  at  a  speed  many  times  greater  than  that  of 
ordinary  vehicles  hauled  by  animals;  and  beyond 
doubt,  it  is  highly  dangerous  when  used  on  country 
roads,  putting  to  great  hazard  the  safety  and  lives  of 
the  mass  of  the  people  who  travel  on  such  roads  in 
vehicles  drawn  by  horses."10  The  correctness  of  the 
foregoing  statement  is  not  intended  to  be  vouched  for. 
The  quotation  is  given  merely  on  the  question  of 
judicial  notice. 


8.  Murphy  v.  Wait,  102  X.  V.  App.  Div.  121,  92  X.  Y.  Supp.  253. 

9.  People  v.  Schneider,  12  Det.  L.  X.  32,  69  L.  R.  A.  345,  (Mich. 
1905)  103  N.  W.  Rep.  172.  wherein  the  court  says,  "  We  may  bake 
judicial  notice  that  many  of  these  automobiles  may  he  driven  at  a  speed 
of  at  least  forty  miles  an  hour.  Driven  by  indifferent,  careless,  or  in- 
competent operators,  these  vehicles  may  be  a  menace  to  the  safety  of 
the  public." 

10.  Ex  parte  Berry,   (Cal.  1905)   82  Pac.  Rep.  44. 


22  The  Law  of  Automobiles. 

§  7.  Classification  of  automobiles. 

Automobiles  have  been  divided  into  three  classes: 
Heavy  omnibuses  or  cars  for  road  use  in  carrying  pas- 
sengers or  goods;  pleasure  carriages  for  use  in  driv- 
ing on  the  streets  or  roads  in  place  of  the  ordinary 
horse  and  carriage ;  bicycles,  tricycles,  or  quadricycles 
furnished  with  a  motor  to  relieve  the  rider  of  the  work 
of  operating  the  pedals  and  to  increase  speed.11 

§  8.  Automobiles  as  carriers. 

An  automobile  may  be  used  as  a  common  carrier,  a 
private  carrier,  or  a  personal  private  conveyance. 
Public  motor  vehicles,  such  as  sight-seeing  cars,  and 
others  which  are  employed  in  carrying  all  persons 
applying  for  transportation,  come  within  the  defini- 
tion that  a  common  carrier  of  passengers  is  one  who 
undertakes  for  hire  to  carry  all  persons  who  may 
apply  for  passage.12  But  to  constitute  one  a  common 
carrier  it  is  necessary  that  he  should  hold  himself  out 
as  one.  A  carrier  of  passengers  who  undertakes  to 
carry  all  persons  who  apply  to  him  for  transportation 
is  engaged  in  a  public  employment,  and  is  a  public  or 
common  carrier  of  passengers.  "A  common  carrier 
of  passengers,"  says  Judge  Thompson,  "  is  one  who 
undertakes  for  hire  to  carry  all  persons  indefinitely 
who  may  apply  for  passage." 


11.  Encyc.  Brit.  vol.  25,  p.  303. 

12.  Gillinghain  v.  Ohio  River  K.  Co.,  35  W.  Va.  588,  14  S.  E.  Rep.  243, 
14  L.  R.  A.  798,  29  Am.  St.  Rep.  827. 


CHAPTER  IV. 

RIGHT  OF  AUTOMOBILES  TO  USE   HIGHWAYS  AND   STREETS. 

Sec.    1.  Highways  defined. 

2.  Roads  defined. 

3.  Streets  defined. 

4.  General  purposes  of  highways  and  streets. 

5.  New  means  of  transportation. 

6.  Equal  rights  (if  automobiles  on  public  ways. 

7.  Rights  on  ferries  and  vessels. 

8.  Exclusion  of  automobiles  from  highways. 

9.  Compelling  privilege  of  using  road  —  Pleading. 

§  1.  Highways  defined. 

Ways  arc  either  public  or  private.  A  way  open  to 
all  people  is  a  highway.  The  term  highway  is  the 
generic  name  for  all  kinds  of  public  ways,  including 
county  and  township  roads,  streets  and  alleys,  turn- 
pikes and  plank  roads,  railroads  and  tramways, 
bridges  and  ferries,  canals  and  navigable  rivers. 
Every  public  thoroughfare  is  a  highway.1 

§  2.  Roads  defined. 

A  road  is  a  passage  ground  appropriated  to  public 
travel.  The  word  "  road  "  cannot,  however,  be  said 
to  be  one  of  uniform  meaning;  it  has  been  variously 
defined,  and  is  often  enlarged  or  restricted  by  the 
language  with  which  it  is  associated.  The  meaning  of 
the  word  in  statutes  is  ascertainable  from  the  context 
and  purpose  of  the  particular  legislative  enactment  in 
which  it  is  found.2 


1.  See  Elliott  on  Roads  and  Streets,   rid.  ed.)   pp.  1.  2. 

2.  See  Elliott  on  Roads  and  Streets,    (2d  ed.)    pp.  (>,  7. 

Roadway  is  defined  in  the  ordinances  fur  the  city  of  New  \  ork  as 
"that  portion  of  any  street  which  is  included  between  the  curbs  or 
curb  lines  thereof  and  is  designed  for  the  use  of  vehicles." 

[28] 


24  The  Law  of  Automobiles. 

§  3.  Streets  defined. 

A  street  is  a  road  or  public  way  in  a  city,  town,  or 
village.  A  way  over  land  set  apart  for  public  travel 
in  a  town  or  city  is  a  street,  no  matter  by  what  name 
it  may  be  called ;  it  is  the  purpose  for  which  it  is  laid 
out  and  the  use  made  of  it  that  determines  its  char- 
acter. As  the  way  is  common  and  free  to  all  people, 
it  is  a  highway,  and  it  is  proper  to  affirm  that  all 
streets  are  highways,  although  not  all  highways  are 
streets.  Streets  resemble,  in  many  particulars,  ordi- 
nary public  roads,  but  there  are,  nevertheless,  very  im- 
portant differences  between  the  two  classes  of  public 
ways.  The  purpose  for  which  they  are  established  is 
primarily  the  same,  that  of  public  travel,  but  many 
uses  may  properly  be  made  of  streets  which  cannot 
rightfully  be  made  or  ordinary  suburban  roads.  The 
rights  of  the  public  are  much  greater  in  streets  than 
in  the  roads  of  the  rural  districts,  and  the  methods  of 
regulating  their  use,  improvement,  and  repair  are  ma- 
terially different.  Where  a  statute  uses  the  term 
street,  and  does  so  with  reference  to  a  town  or  city, 
and  there  are  no  limiting  or  explanatory  words,  it 
must  be  taken  to  mean  a  street  in  the  true  sense  of  the 
term.  It  is  sometimes  necessary  to  discriminate  be- 
tween the  genus  highways  and  the  species  streets,  but 
when  the  species  is  designated  there  seldom  can  be  any 
difficulty  in  determining  what  class  of  public  ways  is 
intended,  although  it  will  not  do  to  conclude,  in  all 
cases  where  the  term  highways  is  employed,  that 
streets  are  included.3     In  some  of  the  automobile  acts 

3.  Bee  Klliott  on  Roads  and  Streets,  (2d  ed.)  pp.  15,  16,  18,  1<>. 
A    street    is  defined    in   the   ordinances   for   the   city  of    New   York    a3 
follow-:      ■'  livery  avenue,  boulevard,  highway,  roadway,  cartway,  lane, 


Right  of  Automobile  to  Use  Highways,  Etc.     25 

passed  by  the  states  of  the  United  States  the  terms 
public  ways,  ways,  highways,  streets,  and  other  terms 
pertaining  to  highways  have  been  denned,  as  will  be 
seen  from  an  examination  of  the  statutory  compilation 
in  this  book. 

§  4.  General  purposes  of  highways  and  streets. 

Primarily  the  general  purpose  of  streets  and  high- 
ways is  that  of  travel  either  on  foot  by  a  pedestrian 
or  in  a  vehicle  propelled  by  power.  The  members  of 
the  public  have  a  right  to  use  the  public  avenues  for 
the  purpose  of  travel  and  the  transportation  of  prop- 
erty. It  is  improper  to  say  that  the  driver  of  horses 
has  rights  in  the  road  superior  to  the  driver  of  an 
automobile.  Both  have  the  right  to  use  the  easement, 
and  each  is  equally  restricted  in  the  exercise  of  his 
rights  by  the  corresponding  rights  of  the  other.4 

§  5.  New  means  of  transportation. 

That  the  purposes  of  the  public  ways  contemplate 
new  and  improved  means  of  transportation  there  can 
be  no  doubt.  Travelers  are  not  confined  to  horses  and 
ordinary  carriages.  Animal  or  muscular  power  has 
no  exclusive  or  superior  rights  on  the  public  avenues 
of  travel.  The  use  to  which  the  public  thoroughfare 
may  be  put  comprehends  all  modern  means  of  carry- 
ing, including  the  electric  street  railroad  and  the  auto- 
mobile.     Judge  Cooly  in  1876  said:     "  Persons  mak- 

alley,  strip,  path,  square  arid  place  used  by  or  laid  out  for  the  use  of 
vehicles." 

Curb  is  defined  in  the  ordinances  for  the  city  of  New  York  as  '•  the 
lateral  boundaries  of  that  portion  of  a  street  designed  for  the  use  of 
vehicles,  whether  marked  by  curbstones  or  not  so  marked." 

4.   Indiana   Springs  Co.  v.  Brown,    ( Ind.  1(J05)    74   N.  K.  Rep.  G15. 


26  The  Law  of  Automobiles. 

ing  use  of  horses  as  the  means  of  travel  by  the 
highways  have  no  rights  therein  superior  to  those 
who  make  use  of  the  ways  in  other  modes.  It  is  true 
that  locomotion  upon  the  public  roads  has  hitherto 
been  chiefly  by  means  of  horses  and  similar  animals, 
but  persons  using  them  have  no  prescriptive  rights, 
and  are  entitled  to  the  same  reasonable  use  of  the  ways 
which  they  must  accord  to  all  others.  Improved 
methods  of  locomotion  are  perfectly  admissible,  if  any 
shall  be  discovered,  and  they  cannot  be  excluded  from 
the  existing  public  roads,  provided  their  use  is  con- 
sistent with  the  present  methods.  *  *  *  When  the 
highway  is  not  restricted  in  its  dedication  to  some 
particular  mode  of  use,  it  is  open  to  all  suitable 
methods,  and  it  cannot  be  assumed  that  these  will  be 
the  same  from  age  to  age,  or  that  new  means  of  mak- 
ing the  way  useful  must  be  excluded  merely  because 
their  introduction  may  tend  to  the  inconvenience  or 
even  to  the  injury  of  those  who  continue  to  use  the 
road  after  the  same  manner  as  formerly.  A  highway 
established  for  the  general  benefit  of  passage  and 
traffic  must  admit  of  new  methods  wherever  it  is  found 
that  the  general  benefit  requires  them."5  The  Su- 
preme Court  of  Illinois  has  expressed  itself  as  follows : 
"  To  say  that  a  new  mode  of  passage  shall  be  banished 
from  the  streets,  no  matter  how  much  the  general  good 
may  require  it,  simply  because  streets  were  not  so  used 
in  the  days  of  Blackstone,  would  hardly  comport  with 
the  advancement  and  enlightenment  of  the  present 
age."6  Again  we  find  the  same  principle  announced 
in  1905  by  the  Supreme  Court  of  Indiana,  which  says: 
"In  all  human  activities  the  law  keeps  up  with  im- 

5.  See  Macomber  v.  Nicholas,  .'54  Mich.  217,  22  Am.  Rep.  522. 

6.  Moses  v.  Pittsburgh,  etc.,  R.  Co.  21  HI.  515. 


Right  of  Automobile  to  Use  Highways,  Etc.     21 

provement  and  progress  brought  about  by  discovery 
and  invention,  and,  in  respect  to  highways,  if  the  intro- 
duction of  a  new  contrivance  for  transportation  pur- 
poses, conducted  with  due  care,  is  made  with  incon- 
venience and  even  incidental  injury  to  those  using 
ordinary  modes,  there  can  be  no  recovery  provided  the 
contrivance  is  compatible  with  the  general  use  and 
safety  of  the  road.  It  is,  therefore,  the  adaptation 
and  use,  rather  than  the  form  or  kind  of  contrivance, 
that  concerns  the  courts."7 

§  6.  Equal  rights  of  automobiles  on  public  ways. 

Clearly  the  motor  vehicle  is  an  improved  method  of 
locomotion,  and  if  automobiles  are  operated  in  a  way 
compatible  with  the  general  use  of  the  public  avenues 
of  travel,  and  are  calculated  to  subserve  the  public  as 
a  beneficial  means  of  transportation,  with  reasonable 
safety  to  those  traveling  by  ordinary  modes,  the  motor 
carriage  has  an  equal  right  with  other  vehicles  in  com- 
mon use,  to  occupy  and  use  the  public  highways  and 
streets,  provided  the  statutory  provisions  have  been 
complied  with  if  any  exist.8      The  fact  that  an  auto- 

7.  Indiana  Springs  Co.  v.  Brown,   (Ind.  1905)   74  N.  E.  Rep.  615. 

8.  Upton  v.  Windham,  75  Conn.  288;  Christie  v.  Elliott,  216  111.  31, 
L.  R.  A.  (N.  S.)  vol.  1,  p.  124,  74  N.  E.  Rep.  1035:  Indiana  Springs  Co. 
v.  Brown,  (Ind.  1905)  74  N.  E.  Rep.  615;  Shinkle  v.  Cullough,  (  Ky. 
1903)  77  S.  W.  Rep.  196. 

It  is  not  negligence,  as  a  matter  of  law,  to  use  automobiles  on  the 
public  highways.  Indiana  Springs  Co.  v.  Brown,  (Ind.  1905)  74  N.  E. 
Rep.  615. 

The  owner  of  an  automobile  has  the  right  to  use  the  highways  pro- 
vided  in  using  them  he  exercises  reasonable  care  and  caution   for  the 
safety  of  others  and  does  not  violate  the  law  of  the  state.     Christ  i.    \ 
Elliott,  216  111.  31,  L.  R.  A.   (N.  S.)  vol.  1,  p.  124.  74  X.  E.  Rep.  1035. 

Because  automobiles  are  novel  and  unusual  in  appearance,  and  for 
that  reason  likely  to  frighten  horses  unaccustomed  to  seeing  them,  is  no 


28  The  Law  of  Automobiles. 

mobile  is  a  comparatively  new  vehicle  is  beside  the 
question.  The  use  of  the  streets  must  be  extended 
to  meet  the  modern  means  of  locomotion.9 

§  7.  Rights  on  ferries  and  vessels. 

While  dealing  with  the  rights  of  automobiles  to  the 
use  of  the  public  highways,  it  is  of  interest  to  consider 
the  motor  vehicle's  rights  on  ferries,  which  are  in  the 
nature  of  highways,  and  are  generally  a  continuation 
thereof.  The  Kevised  Statutes  of  the  United  States 
prohibiting  passenger  steamers  from  carrying  as 
freight  certain  articles,  including  petroleum  products  or 
other  like  explosive  fluids,  except  in  certain  cases  and 
under  certain  conditions,  was  amended  by  the  Act  of 
Feb.  21,  1901,  ch.  386,  31  Stat,  at  L.  799.  U.  S.  Comp. 
Stat.  1901,  p.  3050,  which  provided  that:  "  Nothing 
in  the  foregoing  or  following  sections  of  the  act  shall 
prohibit  the  transportation  by  steam  vessels  of  gaso- 
lene or  any  of  the  products  of  petroleum  when  carried 
by  motor  vehicles  (commonly  known  as  automobiles) 
using  the  same  as  a  source  of  motive  power :  Provided, 
however,  That  all  fire,  if  any,  in  such  vehicles  or  auto- 
mobiles be  extinguished  before  entering  the  said  vessel 
and  the  same  be  not  relighted  until  after  said  vehicle 
shall  have  ) eft  the  same.    *    *    *    "     Under  this  statu- 

reason  for  prohibiting  their  use.  Indiana  Springs  Co.  v.  Brown,  (Ind. 
1905)  7  1  \.  B.  Rep.  615. 

Bicycles  have  equal  rights  on  the  public  ways.  Holland  v.  Bart  eh, 
120  Ind.  46,  22  N.  E.  Rep.  83.  16  Am.  St.  Rep.  317;  Lacey  v.  Winn, 
(Com.  PL)  3  Pa.  Dist.  Rep.  811;  Lacey  v.  Winn,  (Com.  PI.)  4  Pa.  Dist. 
Rep.  409. 

A  bicycle  being  a  vehicle,  riding  one  in  the  usual  manner  on  a  public 
highway  is  not  unlawful.  Thompson  v.  Dodge,  58  Minn.  555,  60  N.  W. 
Rep.  545,  28  L.  R.  A.  608. 

9.  Chicago  v.  Banker,  112  111.  App.  94 


Right  of  Automobile  to  Use  Highways,  Etc.    29 

tory  provision  it  was  held  that  gasolene  contained  in 
the  tank  of  an  automobile  being  transported  on  a 
steam  vessel  was  carried  as  freight  within  the  mean- 
ing of  the  statute,  that  an  automobile  in  which  the 
motive  power  was  generated  by  passing  an  electric 
spark  through  a  compressed  mixture  of  gasolene  and 
air  in  the  cylinder,  causing  intermittent  explosions, 
carried  a  fire  while  the  vehicle  was  under  motion  from 
its  own  motive  power;  and  that  the  carrying  )py  a 
steam  ferryboat  of  such  a  vehicle,  which  was  run  in 
and  off  the  boat  under  its  own  power,  was  a  violation 
of  the  statute.10  In  1905  Congress  amended  the  exist- 
ing law  by  enacting  that  "  nothing  in  the  foregoing  or 
following  sections  of  this  act  shall  prohibit  the  trans- 
portation by  steam  vessels  of  gasolene  or  any  of  the 
products  of  petroleum  when  carried  by  motor  vehicles 
(commonly  known  as  automobiles)  using  the  same  as 
a  source  of  motive  power:  Provided,  however,  That 
all  fire,  if  any,  in  such  vehicles  or  automobiles  be  extin- 
guished immediately  after  entering  the  said  vessel, 
and  the  same  be  not  relighted  until  immediately  be- 
fore said  vehicle  shall  leave  the  vessel:  Provided 
further,  That  any  owner,  master,  agent,  or  other  per- 
son having  charge  of  passenger  steam  vessels  shall 
have  the  right  to  refuse  to  transport  automobile  vehi- 
cles, the  tanks  of  which  contain  gasolene,  naphtha,  or 
other  dangerous  burning  fluids."11  It  will  be  seen 
that  Congress  has  relieved,  by  this  amendment,  steam 
vessels  from  the  penalty  which  they  were  subjected  to 
under  the  old  law  as  construed  by  the  decision  in  The 
Texas,  134  Fed.  Rep.  909;  however,  as  the  law  now 

10.  The  Texas,  134  Fed.  Rep.  909. 

11.  See  33  Stat,  at  L.,  part  2,  p.  720. 


30  The  Law  of  Automobiles. 

stands,  "  any  owner,  master,  agent,  or  other  person' 
having  charge  of  passenger  steam  vessels  shall  have 
the  right  to  refuse  to  transport  automobile  vehicles  " 
carrying  gasolene,  naphtha,  or  other  dangerous  burn- 
ing fluids. 

§  8.  Exclusion  of  automobiles  from  highways. 

Of  the  exclusion  of  automobiles  from  the  public 
ways  there  is  quite  a  little  to  be  said.  In  nearly  all 
the  states  which  have  passed  automobile  legislation,  it 
is  provided  that  motor  vehicles  shall  not  be  operated 
on  the  public  avenues  of  travel  unless  the  statutory 
provisions  have  been  complied  with.  This  the  legis- 
latures undoubtedly  have  the  authority  to  command.12 
The  Attorney-General's  department  of  Pennsylvania 
on  November  9,  1905,  rendered  an  opinion  in  which  it 
is  stated  that  no  motor  vehicle,  whether  automobile  or 
bicycle  driven  by  a  motor,  may  be  lawfully  driven, 
ridden,  or  operated  upon  the  streets  and  highways  of 
the  state  after  the  first  day  of  January,  1906,  unless 
the  operator  thereof  shall  have  first  obtained  from  the 
state  highway  department  a  license  for  that  purpose, 
and  shall  have  further  complied  with  all  of  the  regula- 
tions and  requirements  imposed  by  the  act.13  There 
is  also  very  little  doubt  of  the  law-making  body's 
power  to  set  apart  certain  places  or  roads,  free  from 
motor  carriage  travel,  where  a  reasonably  sound  neces- 
sity exists  for  the  exclusion  of  automobiles  from  such 
places.  But  there  can  be  no  unreasonable  discrimina- 
tion against  the  motor  car  in  this  respect.  As  said 
before,   it  has  an  equal   right  to  use  the  highways. 

12.  See  People  v.  MacWilliams,  01  N.  Y.  App.  Div.  176.  84  N.  Y. 
Supp.  ?,'>!. 

13.  In  re  Automobile  Acts,  15  Pa.  Dist.  Rep.  83. 


Right  of  Automobile  to  Use  Highways,  Etc.     "-1 

Where  this  right  is  unlawfully  withheld,  Ene  authori- 
ties may  be  compelled  to  grant  the  righl  or  forced  to 
desist  from  interfering-  with  it.  Of  course,  the  right 
of  a  particular  party  may  be  forfeited  for  a  time  if 
provided  for  by  statute,  and  the  offending  party  shows 
that  he  is  not  as  an  operator  or  a  driver  fit  to  use  the 
highways.  In  connection  with  the  exclusion  of  auto- 
mobiles from  the  public  highways,  an  important  and 
interesting  case  arose  in  California.14  The  board  of 
county  supervisors  of  Marin  county  framed  an  ordi- 
nance which  provided  that  "  no  person  shall  run  an 
automobile  on  any  *  *  *  highways  of  Marin 
county  between  the  hours  of  sunset  of  any  day  and  of 
sunrise  on  the  day  following."  A  violation  of  the  law 
was  made  punishable  by  a  fine  or  imprisonment.  A 
motorist  was  convicted  of  a  violation  of  this  regulation 
and  was  sent  to  jail.  Habeas  corpus  proceedings  were 
brought  to  regain  the  prisoner's  liberty,  claiming  that 
the  ordinance  of  the  county  commissioners  prohibit- 
ing the  operation  of  motor  cars  at  night  was  unrea- 
sonable, and,  therefore,  his  imprisonment  was  illegal. 
The  Supreme  Court  of  California,  however,  decided 
that  the  ordinance  constituted  a  reasonable  and  valid 
regulation  within  the  power  of  the  commissioners  to 
make.  This  regulation  and  decision  prohibits  the 
motorist  from  returning  home  in  his  car  at  night  if  he 
should  happen  to  get  temporarily  stuck  in  the  country 
road  mud.  It  is  interesting  to  note  what  the  court 
said  in  this  case.  The  justice  writing  the  opinion 
states  (using  his  exact  language):  "  If  the  use  of 
automobiles  gradually  becomes  more  common,  there 
may  come  a  time  when  an  ordinance  like  the  one  in 

14.  Ex  parte  Berry,   (Cal.  1905)   82  Pac.  Rep.  44. 


32  The  Law  of  Automobiles. 

question  would  be  unreasonable.  As  country  horses 
are  frequently  driven  into  cities  and  towns,  many  of 
them  will  gradually  become  accustomed  to  the  sight  of 
automobiles,  and  the  danger  of  their  use  on  country 
roads  will  grow  less."  Prohibiting  the  use  of  country 
roads  at  night  would  seem  to  be  exercising  the  right 
to  regulate  motoring  to  its  limit,  and  possibly  beyond 
lawful  regulatory  power,  especially  in  view  of  the  fact 
that  horses  have  no  superior  right  on  the  road.  Such 
a  regulation  comes  very  near  amounting  to  prohibition. 
The  frightening  of  horses,  beyond  doubt,  is  an  incident 
to  the  lawful  use  of  the  public  highways,  and  does  not 
of  itself  constitute  a  wrong  per  se  upon  which  alone 
legal  liability  may  be  based.  In  a  case  decided  in  1902 
by  the  Supreme  Court  of  Errors  of  Connecticut,15  it 
was  held  that  the  fright  and  shying  of  a  gentle  horse 
at  the  passing  of  an  automobile,  driven  with  ordinary 
care  and  at  a  reasonable  speed,  was  an  event  incident 
to  the  proper  use  of  the  highway.  The  facts  of  this 
case  were  as  follows:  While  meeting  and  passing  an 
automobile  a  gentle  horse,  which  was  being  driven 
with  due  care,  became  frightened,  shied,  veering 
sharply  to  the  right,  and  being  within  a  few  feet  of 
the  right  side  of  the  road,  plunged  down  a  declivity  of 
some  three  or  four  feet  to  the  adjoining  land,  ran  a 
distance  of  some  fifty  feet  and  then,  taking  another 
turn,  overturned  the  carriage,  injuring  an  occupant. 
The  automobile  was  being  driven  at  the  time  with  ordi- 
nary care  and  at  a  reasonable  speed.  It  was  claimed 
that  the  automobile  was  the  proximate  cause  of  the 
injury  and  not  the  failure  of  the  town  authorities  to 


15.  Upton   v.   Windham.   75   Conn.   288,  distinguishing  and  affirming 
Britian  v.  Sharon,  71  Conn.  686. 


Right  of  Automobile  to  Use  Highways,  Et,c.     33 

protect  the  bank  of  the  road.     The  town  was  held  to 
be  liable  for  the  injuries  caused  by  its  failure  to  make 
the  highway  reasonably  safe  for  travel.      The  defect 
in  the  highway  was  the  lack  of  a  sufficient  railing  or 
fence  on  the  side  of  the  road.      In  contrast  to  the 
severity  of  the  California  decision  above  mentioned,  it 
is  interesting  to  note  an  important  case  decided  by  the 
Appellate  Court  of  Illinois.16     In  this  case  it  was  held 
that  as  a  prerequisite  to  one  operating  his  automobile 
for  pleasure  on  the  public  ways,  the  city  of  Chicago 
had  no  power  to  require  a  party  who  uses  his  auto- 
mobile for  his  private  business  and  pleasure  only,  to 
submit  to  an  examination  and  to  take  out  a  license,  for 
such  is  imposing  a  burden  upon  one  class  of  citizens  in 
the  use  of  the  streets  which  is  not  imposed  upon  others, 
and  such  an  ordinance  was  beyond  the  power  of  the 
city  counsel,  and  was,  therefore,  void.      A  turnpike 
company  has  an  undoubted  right,  in  the  exercise  of  a 
sound  discretion,  to  prevent  such  use  of  its  road  as 
would  make  it  dangerous  to  the  general  public.     The 
managers  of  highways  owned  by  private  corporations 
have  an  undoubted  right,  in  the  exercise  of  a  sound 
discretion,  to  prevent  such  use  of  the  highway  as  will 
make  it  dangerous.      Unless  forbidden  by  legislative 
enactment,  as  is  sometimes  done  in  the  case  of  bicycles, 
they  may  exclude  from  their  highways  a  carriage  or 
vehicle,  the  use  of  which  is  dangerous,  where  the  safety 
of  the  general  public  demands  such  exclusion.17      As 
to  the  exclusion  of  nonresident  motorists   from  the 
public  ways,  there  is  no  authority  or  power  in  the  state 
to  do  this,  on  the  ground  of  nonresidence,  and  the 


16.  Chicago  v.  Banker,  112  111.  App.  94 

17.  Bertles  v.  The  Laurel  Run  Turnpike  Co.,  15  Pa.  Dist.  Rep.  94. 
3 


34  The  Law  of  Automobiles. 

states  have  no  power  to  place  greater  restrictions  or 
burdens  on  nonresident  automobilists  than  those  im- 
posed on  their  own  citizens.  Such  action  on  the  part 
of  a  state  would  violate  the  Federal  Constitution. 
However,  the  state  may  compel  nonresidents  to  com- 
ply with  the  regulations  controlling  residents.  No 
discrimination  is  created  in  such  a  case,  as  all  are 
treated  alike. 

§  9.  Compelling  privilege  of  using  road  —  Pleading. 

A  petition  for  a  writ  of  mandamus  commanding  a 
turnpike  company  to  allow  the  petitioner,  while  operat- 
ing and  using  his  automobile,  the  right  and  privilege 
of  passing  over  and  upon  its  turnpike  road,  upon  his 
paying  the  tolls  established  by  law  for  the  passage  of 
vehicles  of  similar  weight  and  width  of  tires  over  turn- 
pike roads  of  the  commonwealth  of  Pennsylvania, 
must  aver  that  the  petitioner  has  complied  with  all  the 
requirements  of  the  provisions  of  the  State  Auto- 
mobile Act.18 

18.  Bertles  v.  The  Laurel  Run  Turnpike  Co.,  15  Pa.  Dist.  Rep.  94. 


CHAPTER  V. 

REGISTRATION    AND    LICENSING. 

Sec.    1.  General  considerations. 

2.  Purpose  of  registration. 

3.  Power  to  require  registration  and  license. 

4.  Constitutional  law. 

5.  Licenses. 

6.  Operation  and  effect  of  license. 

§  1.  General  considerations. 

In  many  of  the  states  there  have  been  passed  stat- 
utes requiring  the  registration  of  automobiles  or 
owners,  manufacturers  and  chauffeurs.  In  some  juris- 
dictions only  the  machine  is  required  to  be  registered, 
in  others  the  operator  and  in  others  the  owner.  Some 
of  the  states,  like  New  York,  require  registration  by 
owners,  manufacturers,  and  chauffeurs. 

The  statutes  providing  for  registration  generally 
enact  that  the  party  to  be  registered  must  file  a  state- 
ment containing  his  name,  address,  and  a  description 
of  the  machine,  which  statement  is  to  be  filed  with  the 
secretary  of  state  or  some  other  officer,  who,  upon 
receipt  of  the  statement  and  a  prescribed  fee,  makes  a 
record  of  the  application,  whereupon  the  officer  issues 
to  the  applicant  a  number  which  corresponds  with  the 
number  against  his  name  as  recorded.  The  precise 
statutory  provisions  of  the  various  states  are  ascer- 
tainable from  an  examination  of  the  compilation  in 
Part  Two  of  this  work.     The  number  assigned  is  gen- 

[35] 


36  The  Law  of  Automobiles. 

erally  required  to  be  displayed  on  the  machine  in  a 
conspicuous  place.1 

Tags  permitted  in  Pennsylvania.  —  All  tags  bearing 
licensed  numbers,  with  the  exception  of  the  two  fur- 
nished by  the  state  highway  department  under  the 
Pennsylvania  Act  of  April  19,  1905,  P.  L.  217,  must 
be  removed  from  automobiles  while  being  operated 
within  the  limits  of  the  commonwealth.2  The  Pennsyl- 
vania Act  of  April  19,  1905,  P.  L.  217,  regulating  the 
licensing,  operating,  etc.,  of  motor  vehicles,  providing 
inter  alia  that  not  more  than  one  state  license  number 
shall  be  carried  upon  the  front  or  back  of  the  vehicle, 
and  that  a  "  license  number  obtained  in  any  other 
place  or  state  shall  be  removed  from  said  vehicle  while 
the  vehicle  is  being  used  within  this  commonwealth  " 
was  held  not  to  conflict  with  nor  supersede  the  ordi- 
nance of  December  26,  1902,  of  the  city  of  Phila- 
delphia, which  also  provides  for  the  licensing,  regula- 
tion, and  operation  of  motor  vehicles  within  that  mu- 
nicipality. Both  the  act  and  the  ordinance  were  held 
to  stand  together,  and,  for  motor  vehicles  operated 
within  the  said  city,  both  state  and  city  licenses  must 
be  obtained  and  both  license  tags  displayed,  a  mu- 
nicipality not  being  within  the  meaning  of  the  word 
"  place  "  as  used  in  the  act.  It  was  also  held  that  the 
speed  regulations  of  the  said  ordinance  must  also  be 
obeyed.3 

1.  Indictment.  —  Where  a  statute  provides  that  every  person  "de- 
siring "  to  operate  an  automobile  must  obtain  a  license  from  certain 
officers,  an  indictment  is  not  bad  because  of  the  omission  of  the  word 
"  desire,"  the  indictment  otherwise  substantially  following  the  lan- 
guage of  the  statute.  State  v.  Cobb,  (Mo.  App.  1905)  87  S.  W.  Rep. 
551. 

2.  In  re  Automobile  Acts,  15  Pa.  Dist.  Rep.  83. 

3.  Brazier  v.  Philadelphia,  15  Pa.  Dist.  Rep.  14. 


Registration   and  Licensing.  37 

§  2.  Purpose  of  registration. 

The  reason  assigned  for  the  necessity^  registra- 
tion and  licensing  is  that  the  vehicle  should  be  readily 
identified  in  order  to  debar  operators  from  violating 
the  law  and  the  rights  of  others,  and  to  enforce  the 
laws  regulating  the  speed,  and  to  hold  the  operator 
responsible  in  cases  of  accident.  The  legislatures 
have  deemed  that  the  best  method  of  identification, 
both  as  to  the  vehicle  and  the  owner  or  operator,  is  by 
a  number  on  a  tag  conspicuously  attached  to  the 
vehicle.  In  case  of  any  violation  of  law  this  furnishes 
means  of  identification,  for,  from  the  number,  the  name 
of  the  owner  may  be  readily  ascertained  and  through 
him  the  operator.4  It  is  not  difficult  to  see  that  the 
registration  and  numbering  of  automobiles  is  inti- 
mately connected  with  their  safe  operation  in  the  state. 
Many  automobiles  are  precisely  alike  in  external  ap- 
pearance. They  are  sometimes  operated  by  those 
whose  faces  are  partially  concealed  and  whose  identity 
is  uncertain.  Those  operators  who  are  most  reckless 
and  indifferent  —  and  those  are  the  ones  that  endanger 
the  safety  of  others  — may  violate  the  law  with  im- 
punity unless  some  method  is  adopted  by  which  they 
or  their  automobiles  may  be  identified.  A  provision 
in  a  law  for  registration  and  numbering  is  such  a 
method.  It  is  reasonable  to  believe  that,  when  he 
knows  that  the  number  displayed  on  the  automobile 
identifies  the  vehicle,  fear  of  discovery  and  punish- 
ment will  lead  the  automobile  driver  to  observe  the 
requirements  of  the  law.5 

4.  See  People  v.  MacWilliams,  91  N.  Y.  App.  Div.  176,  86  N.  Y.  Supp. 
357;  People  v.  Schneider,  (Mich.  1905)  103  N.  W.  Rep.  172.  12  Det. 
L.  N.  32,  69  L.  R.  A.  345. 

5.  See  People  v.  Schneider,  (Mich.  1905)  103  N.  W.  Rep.  172,  12  Det. 
L.  N.  32,  69  L.  R.  A.  345. 


38  The  Law  of  Automobiles. 

§  3.  Power  to  require  registration  and  license. 

As  has  been  shown  the  requiring  of  automobiles  or 
the  operators  to  be  registered  is  a  mere  statutory  re- 
quirement and  an  effective  precaution  against  reckless 
motoring.  Since  the  statutory  measures  are  directed 
against  careless  driving  it  would  seem  that  only  the 
operator,  whether  he  is  the  owner  or  a  chauffeur, 
should  be  compelled  to  register,  as  is  the  case  in 
Massachusetts  and  Pennsylvania,  for  example.  Un- 
doubtedly the  state  or  a  duly  authorized  municipality 
has  the  power  to  enact  laws  on  this  matter  requiring 
registration  and  the  payment  of  a  fee.6      However, 

6.  Com.  v.  Boyd.  188  Mass.  79.  74  N.  E.  Rep.  255;  People  v.  Schneider, 
(Mieh.  1905)  103  X.  W.  Rep.  172.  12  Det.  L.  XT.  32,  69  L.  R.  A.  345: 
Com.  v.  Hawkins.  14  Pa.  Dist.  Rep.  592.  See  also  People  v.  Mac- 
Williams.  91  X.  Y.  App.  Div.  170,  80  X.  Y.  Supp.  357.  But  see  Chicago 
v.  Banker,  112  111.  App.  94. 

The  provision  of  the  Pennsylvania  Act  of  1903,  requiring  the  registra- 
tion of  automobiles  is  a  valid  exercise  of  the  police  powers.  Com.  v. 
Densmore,  29  Pa.  Co.  Ct.  217. 

In  Com.  v.  Hawkins,  14  Pa.  Dist.  Rep.  592,  the  court  upheld  the 
validity  of  an  ordinance  (passed  by  the  city  of  Pittsburg  under  the 
power  conferred  by  the  special  Act  of  April  1,  1808  [P.  L.  505,  sec.  71]. 
to  regulate  and  license  every  description  of  carriages)  which  makes  it 
unlawful  for  any  person  to  operate,  or  cause  to  be  operated,  upon  the 
streets  of  the  city,  an  automobile,  motor  vehicle,  or  other  conveyance 
or  wagon,  the  motive  power  of  which  shall  be  electricity,  steam,  gas- 
olene, or  any  source  of  energy  other  than  human  and  animal  power, 
except  upon  the  conditions,  inter  alia,  of  the  payment  by  the  owner  of 
an  annual  license  fee  of  six  dollars  if  the  vehicle  is  intended  to  carry 
one  or  two  persons,  and  a  fee  of  ten  dollars  if  intended  to  carry  more 
than  two  persons.  The  court  said  that  the  license  imposed  was  not  un- 
reasonable, and  was  uniform  upon  different  kinds  of  the  several  classes 
of  vehicles  named;  and  that  that  was  all  the  law  required  in  that 
respect. 

The  power  conferred  upon  the  city  of  Pittsburg.  Pennsylvania,  by  the 
special  Act  of  April  1,  1808  [P.  L.  565],  to  impose  a  license  upon  auto- 
mobiles used  in  the  city  streets,  was  not  repealed  by  the  Act  of  April 
23,  1903  [P.  L.  208],  regulating  the  use  of  automobiles  throughout  the 


Registration   and  Licensing.  39 

there  is  one  case  decided  in  this  country  which  goes 
very  far  in  denying  the  right  of  a  municipality  to  re- 
quire the  registration  of  automobiles  and  the  pay- 
ment of  a  license  fee.  That  case  is  Chicago  v. 
Banker,  112  111.  App.  94,  wherein  it  was  held  that 
an  ordinance  of  the  city  of  Chicago  which  required 
one  who  uses  his  automobile  for  his  private  busi- 
ness and  pleasure  only  to  submit  to  an  examina- 
tion and  to  be  licensed  as  an  "  automobile  operator  " 
(if  the  examining  board  see  fit  to  grant  him  a 
license)  imposes  a  burden  upon  one  class  of  citi- 
zens in  the  use  of  the  streets  not  imposed  upon  others, 
and  is,  therefore,  void.  In  this  case,  the  court 
declared  that,  conceding  that  what  is  fairly  implied  is 
as  much  granted  as  what  is  expressed,  nevertheless  the 
charter  of  a  municipal  corporation  is  the  measure  of 
its  powers,  and  the  enumeration  of  those  powers  im- 
plies the  exclusion  of  all  others.  Among  other  powers 
enumerated  in  the  charter  of  the  city  is  that  of  regulat- 
ing the  use  of  the  streets  and  the  speed  of  vehicles 
within  the  limits  of  the  corporation,  and  also  the 
power  to  license  and  regulate  certain  occupations. 
The  opinion  is  this  case  purports  to  put  the  decision 
upon  the  usual  ground  that  the  ordinance  wrongfully 
discriminates  between  different  classes  of  citizens. 
The  actual  decision,  however,  was  upon  the  ground 
that  the  charter  did  not  confer  requisite  power  upon 

state  as  the  later  act  contains  no  repealing  clause,  and  by  the  provision 
of  the  7th  section,  to  the  effect  that  the  amount  of  license  prescribed  by 
the  act  shall  not  apply  to  any  city  or  other  municipality  in  which  the 
authorities  have  imposed  a  license  fee  for  the  same  purpose,  indicates 
an  intention  to  preserve  to  the  municipalities  any  authority  previously 
conferred  upon  them  authorizing  the  licensing  of  vehicles.  Com.  v. 
Hawkins.  14  Pa.  Dist.  Rep.  592. 


40  The  Law  of  Automobiles. 

the  city  council  to  enact  the  ordinance.7      Such  legis- 
lation is  an  exercise  of  the  police  powers  of  the  state 
or  municipality.     In  Com.  v.  Boyd,  188  Mass.  79,  7-4 
N.  E.  Rep.  255,  the  Supreme  Judicial  Court  of  Massa- 
chusetts held  that  the  Massachusetts  statute  was  not 
unconstitutional    which    required    automobiles    to    be 
registered,  and  the  displayment  on  the  automobile  of 
the  registered  number  in  Arabic  numerals  not  less  than 
four  inches  long,  and  which  also  exacted  a  registration 
fee  of  two  dollars  for  each  vehicle.      In  this  case  the 
court  declared  that  there  could  be  no  question  as  to 
the  right  of  the  legislature,  in  the  exercise  of  the  police 
power,  to  regulate  the  driving  of  automobiles  on  the 
public  avenues  of  travel;  that  they  are  capable  of  be- 
ing driven,  and  are  apt  to  be  driven,  at  a  high  rate  of 
speed,  and  when  not  properly  driven  are  so  dangerous 
as  to  make  some  regulation  necessary  for  the  safety 
of  other  persons  on  the  public  highways.     It  was  also 
declared  that  the  registration  fee  was  clearly  a  license 
fee,  and  not  a  tax;  and  that,  since  the  act  was  passed 
by   the   legislature,   it   was   unnecessary   to   consider 
whether  a  like  act  could  be  passed  by  a  city.      The 
court  distinguished  the  case  of  Chicago  v.  Banker,  112 
111.  App.  94,  on  the  ground  that  the  ordinance  of  the 
city  of  Chicago  involved  in  that  case  was  passed  by  a 
municipality  and  not  by  the  legislature.      Where  the 
charter  of  a  city  authorized  the  common  council  to 
control,  prescribe,  and  regulate  the  use  of  its  streets, 
etc.,  it  was  held  that  there  was  conferred  upon  the  city 
council  authority  to  pass  an  ordinance  requiring  the 
regulation  and  numbering  of  automobiles  using  the 
streets  of  the  city,  and  imposing  a  fee  of  one  dollar 

7.  See  L.  R.  A.  (N.  S.)  vol.  I,  p.  127. 


Registration   and  Licensing.  41 

therefore  to  cover  the  cost  of  aluminum  figures  to  com- 
pose the  number,  furnished  by  the  city.8  Where  it 
was  contended  that  a  provision  of  a  city  ordinance,  for 
registering  and  numbering  amounted  to  a  license,  and 
that  a  grant  of  authority  to  regulate  gave  the  city  no 
power  to  license,  the  court  declared  that  the  provision, 
if  a  license  at  all,  was  a  license  as  a  mere  means  of 
regulation;  and,  if  the  speed  of  automobiles  cannot  be 
effectually  regulated  without  licensing  them,  the  grant 
of  the  power  to  regulate  confers  upon  the  city  the 
power  to  license,  unless  the  exercise  of  that  power  is 
forbidden  by  some  other  provision  of  the  law.9  An 
act  of  Pennsylvania  which  empowered  the  city  of 
Pittsburg  "  to  regulate  and  license  all  cars,  wagons, 
drays,  coaches,  omnibuses,  and  every  description  of 
carriages  "  was  held  to  authorize  the  city  to  impose  a 
license  on  automobiles,  notwithstanding  they  were  un- 
known when  the  act  was  passed.10  As  bearing  on  the 
question  whether  legislation  enacted  before  the  auto- 
mobile was  known  or  in  use  includes  the  modern  means 
of  transportation,  it  should  be  mentioned  here  that  a 
statute  imposing  a  tax  on  the  transportation  of 
"  hacks,  cabs,  omnibuses,  and  other  vehicles  for  the 
transportation  of  passengers  for  hire  "  was  held  not 
to  include  an  electric  automobile  where  such  was  not 
known  or  in  use  at  the  time  the  act  was  passed.11 

8.  People  v.  Schneider,  (Mich.  1905)  103  N.  W.  Rep.  172,  12  Det.  L. 
N.  32.  69  L.  R.  A.  345.  In  this  case  the  court  in  commenting  on  the  case 
of  Chicago  v.  Banker,  112  111.  App.  94,  stated  that  the  city  ordinance  in 
that  case  went  further  than  the  one  in  the  case  at  bar. 

9.  People  v.  Schneider,  (Mich.  1905)  103  N.  W.  Rep.  172,  12  Det. 
L.  N.  32,  69  L.  R.  A.  345. 

10.  Com.  v.  Hawkins,  14  Pa.  Dist.  Rep.  592.  Compare  Washington 
Elec.  Vehicle  Transp.  Co.  v.  District  of  Columbia,  19  App.  Cas.  (D.  C.) 
462. 

11.  Washington  Elec.  Vehicle  Transp.  Co.  v.  District  of  Columbia,  19 
App.  Cas.   (D.  C.)  462. 


42  The  Law  of  Automobiles. 

§  4.  Constitutional  law. 

In  almost  all  of  the  cases  where  automobile  legis- 
lation has  been  contested  it  has  been  urged  that  the 
legislation  requiring  the  registration  and  licensing,  or 
prescribing  other  duties  of  automobilists,  was  uncon- 
stitutional as  imposing  burdens  upon  the  automobile 
driver  which  were  not  imposed  against  others,  con- 
sequently there  was  an  unauthorized  and  unconstitu- 
tional discrimination  or  class  legislation,  but  the  con- 
tention has  been  decided  to  be  unsound,  and  the 
legislation,  generally,  has  been  upheld.12  Automobiles 
may  be  excluded  from  a  scheme  of  municipal  taxation 
in  the  exercise  of  the  power  of  a  municipal  corporation 
to  classify  vehicles  for  the  purpose  of  a  vehicle  tax 
ordinance.13  So  also  vehicles  of  nonresidents  who 
habitually  use  the  streets  of  the  city  may  be  excluded 
from  the  scheme  of  taxation,  although  the  vehicles  be- 
long to  the  same  category  as  those  subject  to  the  tax 
if  owned  by  residents.1  *  An  ordinance  of  a  city  which 
requires  the  registration  and  numbering  of  auto- 
mobiles, and  requiring  the  payment  of  one  dollar  to 


12.  Christie  v.  Elliott,  215  111.  31.  74  N.  E.  Rep.  1035,  vol.  1  L.  R.  A. 
IX.  S.i  124;  Com.  v.  Boyd,  188  Mass.  79,  74  N.  E.  Rep.  255;  People  v. 
Schneider,  (Mich.  1905)  103  N.  W.  Rep.  173,  12  Det.  L.  N.  32,  69  L.  R. 
A.  345;  People  v.  MacWilliams,  91  N.  Y.  App.  Div.  176,  86  N.  Y.  Supp. 
357:  Com.  v.  Densmore,  13  Pa.  Dist.  Rep.  639. 

Pointing  out  constitutional  provision  violated.  —  Where  it 
was  attempted  to  question  the  constitutionality  of  the  Missouri  Auto- 
mobile Ad  of  1903.  which  required  a  license  on  the  part  of  persons 
desiring  to  operate  an  automobile,  the  court  declined  to  consider  the 
question,  because  neither  the  article,  nor  the  section  of  the  Constitution 
claimed  to  have  been  violated,  was  pointed  out  or  referred  to  in  the 
defendant's  motions  or  briefs.  State  v.  Cobb,  (Mo.  App.)  87  S.  W.  Rep. 
551. 

13.  Kersey  v.  Terre  Haute,  161  Ind.  471,  68  N.  E.  Rep.  1027. 

14.  Kersey  v.  Terre  Haute.  161  Ind.  471.  68  N".  E.  Rep.  1027. 


Registration   and  Licensing.  43 

cover  the  value  of  figures  furnished  by  the  city  to  form 
the  number,  was  held  not  to  constitute  a  license  for 
revenue,  but  merely  a  regulation.1"'  A  law  requiring 
the  registration  of  automobiles  and  the  displayment 
of  a  number  in  the  rear  corresponding  to  the  registra- 
tion number  does  not  violate  a  constitutional  provision 
forbidding  unreasonable  searches,  nor  a  violation  of  a 
provision  declaring  that  no  person  shall  be  compelled 
in  any  criminal  case  to  be  a  witness  against  himself,  or 
be  deprived  of  his  liberty  or  property  without  due 
process  of  law.16  A  statute  of  the  state  of  Neiv  York, 
which  provided  for  the  registration  of  automobiles  by 
owners,  was  attacked  as  unconstitutional,  and  it  was 
contended  that  one  of  its  provisions  requiring  a 
number  corresponding  to  the  number  of  the  cer- 
tificate obtained  on  registering  the  vehicle  shall 
be  conspicuously  attached  on  the  rear  of  the  vehi- 
cle so  as  to  be  plainly  visible  was  inoperative,  and 
that  a  failure  to  comply  with  the  requirement  consti- 
tuted no  crime.  Another  provision  of  the  act  was 
claimed  to  be  class  legislation,  in  conflict  with  the  Four- 
teenth Amendment  of  the  Federal  Constitution,  be- 
cause it  provided  that  the  section  "  shall  not  apply  to 
a  person  manufacturing  or  dealing  in  automobiles  or 
motor  vehicles,  except  those  for  his  own  private  use, 
and  except  those  hired  out."  The  court  declared 
that  it  was  not  necessary  to  determine  the  competency 
of  the  legislature  to  discriminate  in  this  way  between 
dealer  and  manufacturer  on  the  one  hand,  and  private 
owners  on  the  other,  in  using  automobiles  on  the  public 

15.  People  v.  Schneider,  (Mich.  1005)  103  N.  W.  Rep.  172.  12  Det. 
L.  N.  32,  69  L.  R.  A.  345. 

16.  People  v.  Schneider,  (Mich.  1905)  103  X.  \V.  Rep.  172.  12  Det. 
L.  N.  32,  69  L.  R.  A.  345. 


44  The  Law  of  Automobiles. 

highways,  as  the  statute  in  its  proper  construction  did 
not  exempt  the  manufacturer  or  dealer  when  he  takes 
an  automobile  which  he  has  in  stock  for  sale,  or  for 
repairs,  or  in  storage,  out  upon  the  public  streets,  and 
operates  it  by  its  own  power,  from  the  duty  of  register- 
ing the  automobile  and  attaching  to  it  a  tag  containing 
the  number  corresponding  to  the  certificate.17  The 
Act  of  1903  of  Pennsylvania  which  required  the  regis- 
tration of  automobiles  was  held  not  to  be  unconstitu- 
tional as  lacking  uniformity,  because  it  provided  that 
the  law  shall  not  apply  "  to  any  of  the  motor  vehicles 
which  any  manufacturer  or  vendor  of  automobiles  may 
have  in  stock  for  sale  and  not  for  his  private  use  or 
hire."18  But  the  section  of  the  Pennsylvania  Act  of 
April  19,  1905,  P.  L.  217,  so  far  as  the  exemption  of 
"  any  motor  vehicle  which  any  manufacturer  or  vendor 
may  have  in  stock,  and  not  for  hire  or  for  his  private 
use,"  is  concerned,  is  inoperative  and  futile.  The 
provision  is  inconsistent  with  the  remainder  of  the 
act.  None  of  the  provisions  apply  to  motor  vehicles 
or  automobiles  at  all,  but  only  to  the  persons  engaged 
in  operating  them.19  This  ruling  of  the  Attorney- 
General's  Department  of  Pennsylvania  is  doubtful  as 
a  sound  proposition  of  statutory  construction.  A  pro- 
vision of  an  act  which  requires  owners  of  automobiles 
to  take  out  a  license  is  obscure  where  the  title  provides 
for  licensing  operators.  The  title  is  misleading  since 
the  owner  may  be  one  person  and  the  operator  another. 
Even  though  the  legislature  may  have   intended   to 

17.  People  v.  Mac-Williams,  91  N.  Y.  App.  Div.  176,  86  N.  Y.  Supp. 
357. 

18.  Com.  v.  Densmore,  29  Pa.  Co.  Ct.  Rep.  219. 

19.  In  re  Automobile  Acts,  15  Pa.  Dist.  Rep.  83. 


Registration   and  Licensing.  45 

license  the  machine  or  the  operator,  a  penal  statute 
must  be  taken  as  it  is  writen.20  ■* " 

§  5.  Licenses. 

A  license  to  operate  an  automobile  is  merely  a  privi- 
lege. It  does  not  constitute  a  contract,  and  may  be 
revoked  for  cause.  Some  of  the  stales  have  provided 
for  revoking  licenses  to  operate  automobiles.  This  is 
a  feature  of  the  legislation  in  New  Jersey  and  in 
England. 

The  fee  charged  for  registering  an  automobile  is 
plainly  a  license  fee  and  not  a  tax.21 

§  6.  Operation  and  effect  of  license. 

Even  after  having  obtained  authority  to  operate 
one's  car  in  the  state,  county,  or  city,  the  license  is  a 
protection  only  within  the  jurisdiction  of  the  author- 
ities granting  it.  Thus,  where  a  Missouri  statute  pro- 
vided that  any  person  desiring  to  operate  an  auto- 
mobile in  a  city  must  procure  a  license  from  the  license 
commissioner  thereof,  and  if  he  desires  to  operate  it 
in  the  county  outside  the  city  limits  he  shall  procure  a 
license  from  the  county  clerk  of  such  county,  it  was 
held  that  the  owner  of  an  automobile  was  required  to 
take  out  a  license  in  each  and  every  county  over  the 

20.  Com.  v.  Densmore,  13  Pa.  Dist.  Rep.  039,  29  Pa.  Co.  Ct.  Rep.  217, 
holding  that  the  provisions  of  the  Pennsylvania  Act,  April  23,  1903 
(P.  L.  208),  requiring  the  owners  of  automobiles  to  take  out  licenses, 
was  so  uncertain  that  a  conviction  for  the  violation  could  not  be  sus- 
tained in  view  of  the  fact  that  there  is  nothing  in  the  act  as  to  what  the 
license  shall  contain,  and  that  the  title  of  the  act  refers  to  the  licensing 
of  "operators"  and  not  "owners"  of  automobiles.  See  also  In  re 
Automobile  Acts,  15  Pa.  Dist.  Rep.  83. 

21.  Com.  v.  Boyd,  188  Mass.  79,  74  N.  E.  Rep.  255. 


46  The  Law  of  Automobiles. 

roads  of  which  he  desires  to  operate  his  automobile.22 
Of  course  the  rule  here  stated  must  be  considered  as 
inapplicable  to  state  registration  and  licensing  where, 
by  statute,  nonresident  licensed  and  duly  registered 
motorists  are  exempted.  In  some  of  the  states  it  is 
provided  that  machines  owned  by  nonresidents  and 
driven  by  persons  residing  and  registered  in  some 
other  state  may  be  operated  on  the  public  highways 
and  streets. 

22.  State  v.  Cobb,   (Mo.  App.  1905)   87  S.  W.  Rep.  551. 


CHAPTER  VI. 

OPERATION   ON    EIGHWAY. 

Sec.     1.  Right  to  operate  on  the  highway. 

2.  Care  in  operating  —  Restive  horses. 

3.  The  law  of  the  road  —  In  general. 

4.  Vehicles  meeting  and  passing. 

5.  Rule  not  inflexible,  but  is  a  rule  of  negligence. 

6.  Presumption  arising  from  disobedience. 

7.  Where  one  traveler  overtakes  and  passes  another. 

8.  Collision  —  Contributory  negligence. 

9.  Rights  of  footmen  and  vehicles  —  Children  in  the  street. 

10.  Injury  resulting  from  fright. 

11.  Roadworthiness  of  vehicle,  tackle  or  gearing. 

12.  Street  crossings,  crossroads. 

13.  Vehicles  standing  on  the  highway. 

14.  Liability  of  owner  for  acts  of  person  operating  car. 

15.  Speed  regulations. 

16.  Injuries  resulting  from  defects  in  highway. 

17.  Care  in  avoiding  defects  —  Contributory  negligence. 

18.  Notice  of  defects  —  Notice  of  accident. 

§  1.  Right  to  operate  on  the  highway. 

The  owner  of  an  automobile  has  a  right  to  use  the 
highway  provided  that  he  does  not  violate  the  law  in 
so  doing.1  The  law  does  not  denounce  motor  car- 
riages as  such  on  the  public  ways.  For  so  long  as 
they  are  constructed  and  propelled  in  a  manner  con- 
sistent with  the  use  of  highways,  and  are  calculated  to 
subserve  the  public  as  a  beneficial  means  of  transporta- 
tion with  reasonable  safety  to  travelers  by  ordinary 
modes,  they  have  equal  right  with  other  vehicles  in 

1.  Christie  v.  Elliot.  216  111.  48,  1  L.  R.  A.  (N.  S. )  124.  74  N.  E.  Rep. 
1035;  Chicago  v.  Banker,  112  111.  App.  94;  Shinkle  v.  McCullough,  116 
Ky.  960,  965. 

[47] 


48  The  Law  of  Automobiles. 

common  use  to  occupy  the  streets  and  roads.2  Their 
use,  nevertheless,  should  be  accompanied  with  that  de- 
gree of  prudence  in  management  and  consideration 
for  the  rights  of  other  which  is  consistent  with  their 
safety.3 

§  2.  Care  in  operating  —  Restive  horses. 

The  rule  of  the  common  law  is  and  always  has  been 
that,  although  a  person  might  travel  the  highway  with 
a  conveyance  which  is  likely  to  frighten  horses,  yet, 
while  doing  so,  he  must  exercise  reasonable  care  to 
avoid  accident  and  injury  to  others  traveling  along 
the  highway.4  The  fact  that  motor  vehicles  are  novel 
and  unusual  in  appearance,  and  for  that  reason  likely 
to  frighten  horses  unaccustomed  to  see  them,  is  no 
reason  for  prohibiting  the  use  of  automobiles.5     It  is 


2.  Indiana  Springs  Co.  v.  Brown,  74  N.  E.  615. 

3.  Shinkle  v.  McCullough,  116  Ky.  (J60,  965. 

4.  Murphy  v.  Wait,  102  N.  Y.  App.  Div.  121,  92  N.  Y.  Supp.  253. 
See  also  Upton  v.  Windham,  75  Conn.  288,  293,  where  the  court  said: 

"  The  passing  of  an  automobile  driven  with  ordinary  care  and  at  a 
reasonable  speed,  and  the  fright  and  shying  of  a  gentle  horse,  constitute 
one  of  those  events  in  the  proper  use  of  the  highway  calling  for  its 
maintenance  in  a  safe  condition     .     .     ." 

5.  Indiana  Springs  Co.  v.  Brown,  74  N.  E.  615,  616,  where  it  was 
said:  "  In  all  human  activities  the  law  keeps  up  with  improvement  and 
progress  brought  about  by  discovery  and  invention,  and,  in  respect  to 
highways,  if  the  introduction  of  a  new  contrivance  for  transportation 
purposes,  conducted  with  due  care,  is  met  with  inconvenience  and  even 
incidental  injury  to  those  using  ordinary  modes,  there  can  be  no  re- 
covery, provided  the  contrivance  is  compatible  with  the  general  use  and 
safety  of  the  road.  It  is,  therefore,  the  adaptation  and  use,  rather  than 
the  form  or  kind  of  conveyance,  that  concerns  the  courts.  It  is  improper 
to  say  that  the  driver  of  the  horse  has  rights  in  the  road  superior  to  the 
driver  of  the  automobile.  Both  have  the  light  to  use  the  easement,  and 
each  is  equally  restricted  in  the  exercise  of  his  rights  by  the  correspond- 
ing rights  of  the  other.  Each  is  required  to  regulate  his  own  use  by  the 
observance  of  ordinary  care  and  caution  to  avoid  receiving  injury  at 
well  as  indicting  injury  upon  the  other." 


Operation   on   Highway.  49 

the  duty  of  one  operating  a  motor  car  to  take  all  proper 
precautions  against  frightening  horses  or^other  do- 
mestic animals  met  on  the  highway.0  The  quantum 
of  care  required  is  to  be  estimated  by  the  exigencies 
of  the  particular  situation;  that  is,  by  the  place, 
presence,  or  absence  of  other  vehicles  and  travelers; 
whether  the  horse  driven  is  wild  or  gentle;  whether 
the  conveyance  or  power  used  are  common  or  new  to 
the  road;  the  known  tendency  of  any  feature  to 
frighten  animals,  etc.7  If  the  operator  knew,  or  could 
have  known  by  the  exercise  of  ordinary  care,  that  the 
machine  in  his  possession  and  under  his  control  has 
so  far  excited  a  horse  as  to  render  the  horse  dangerous 
and  unmanageable,  it  is  the  motorist's  duty  to  stop 
his  automobile  and  take  such  other  steps  for  the  other 
traveler's  safety  as  ordinary  prudence  might  suggest.8 
To  drive  a  noisy  machine  at  a  high  rate  of  speed  so 
that  a  traveler's  horse  is  frightened  is  negligence  and 
renders  the  motorist  liable  to  damages.9  To  drive  an 
automobile  at  a  speed  of  twenty  miles  an  hour  towards 
a  horse  and  carriage  on  a  narrow  approach  to  a  bridge, 
whence  there  was  no  escape  for  the  horse  except  by 
proceeding  forward  to  a  cross  street,  and,  though  see- 
ing the  terror  of  the  horse  and  its  driver's  signals  to 
stop,  to  refuse  to  slacken  its  speed,  and  thus  to  cause 
the  horse  to  run  away,  is  an  unwarrantable  use  of  the 

6.  Shinkle  v.  McCullough,  116  Ky.  900,  905;  Indiana  Springs  Co.  v. 
Brown.  74  N.  E.  615. 

7.  Indiana  Springs  Co.  v.  Brown,  74  N.  E.  615,  616. 

8.  Shinkle  v.  McCullough,  116  Ky.  960,  965. 

9.  Shinkle  v.  McCullough,  116  Ky.  960.  See  also  Mason  v.  West,  61 
N.  Y.  App.  Div.  160.  Whether  a  motor  car  is  a  nuisance  or  not  is  a 
question  for  the  jury.  See  Barlow,  The  Law  of  Mechanical  Traction  on 
Highways,  p.  276. 

4 


50  The  Law  of  Automobiles. 

highway,  rendering  the  motorist  liable  for  damages.10 
It  is  a  common  statutory  provision  at  the  present  time 
to  require  a  motorist  to  stop  upon  a  signal  by  the 
driver  of  a  horse  or  other  domestic  animal,  and  to 
remain  stationary  long  enough  to  allow  the  horse  or 
domestic  animal  to  pass.     A  motorist  must  obey  such 
a  statute  or  be  liable  for  the  consequences.11      Inde- 
pendently of  such  a  statute,  or  the  giving  of  a  signal, 
the  automobilist  should  stop  when  he  sees  that  he  is 
frightening  a  horse  by  proceeding.12     Under  a  statute 
providing  that  "  whenever  it  shall  appear  that  any 
horse  driven  or  ridden  by  any  person,"  etc.,  is  about 
to  become  frightened,  the  motorist  shall  stop,  etc.,  it  is 
proper  to  instruct  the  jury  that  if  it  might  appear  to 
the  motorist,  by  the  exercise  of  reasonable  diligence, 
that  the   horse  was   about   to   become   frightened,   it 
would  be  the  motorist's  duty  to  stop.13     A  finding  of 
negligence  on  the  part  of  a  defendant,  driver  of  an 
automobile,  is  not  authorized  by  evidence  that,  when 
at  the  top  of  a  hill  he  saw  the  plaintiff's  team  at  the 
foot  of  it,  he  disconnected  the  engine  from  the  running 
gear  of  his  machine,  and  ran  down  by  gravity,  at  a 
speed  of  three  or  four  miles  an  hour,  passing  the  team 
five  or  six  feet  from  it,  without  stopping,  though  just 
as  he  was  opposite  it  the  horse  swerved  and  threw  the 
plaintiff  out;  the  horse  till  then  having  given  no  sign 
of  restiveness,  and  the  plaintiff  having  given  the  de- 
fendant no  signal  to  stop.14     Of  course  those  persons 

10.  Indiana  Springs  Co.  v.  Brown,  74  N.  E.  615. 

11.  Murphv  v.  Wait,  N.  Y.  App.  Div.  121,  92  N.  Y.  Supp.  253. 

12.  Christy  v.  Elliott,  216  111.  31,  1  L.  R.  A.    (N.  S.)    124,  74  N.  E. 

Rep.  1035. 

13.  Christy  v.  Elliott,  216  111.  31.  45.  1  L.  R.  A.  (N.  S.)   124.  74  N.  E. 

Rep.  1035. 

14.  Davis  v.  Maxwell,  108  App.  Div.   128,  96  N.  Y.  Suppl.    ( 130  St. 


Operation    on   Highway.  51 

using  horses  which  they  know  to  be  unmanageable  may 
be  liable  for  contributory  negligence  and  s^  Jose  their 
right  of  action. 

§  3.  The  law  of  the  road  —  In  general. 

A  highway  is  for  the  use  of  the  public  at  large;  in- 
deed it  has  been  denned  to  be  a  road  which  every  citi- 
zen has  a  right  to  use.  This  being  so,  it  is  necessary 
that  the  travel  and  traffic  on  the  highway  shall  be 
governed  by  certain  laws  that  the  rights  of  each 
citizen  may  be  certain  of  protection.  The  rules  by 
which  travel  on  highways  are  governed  in  English 
speaking  countries  are  called  "  The  law  of  the 
road."15  These  rules  were  established  by  custom  in 
England,16  and  so  were  they  established  in  this  coun- 
try, for,  although  a  number  of  states  have  statutes 
prescribing  these  rules,  these  statutes  are  for  the  most 
part  merely  declarative  of  what  had  already  become 

Rep.  i  45,  holding  that  where  the  court  instructed  that  if  the  defendant 
drove  liis  machine  down  toward  the  plaintiff  at  the  speed  and  in  the 
threatening  manner  claimed  by  the  plaintiff  the  jury  might  determine 
whether  the  defendant  was  negligent,  but  did  not  instruct  as  to  how 
they  should  consider  the  defendant's  conduct  if  he  passed  as  he  testified, 
a  new  trial  should  be  granted;  an  inference  of  negligence  not  being 
authorized  from  the  manner  of  passing  testified  to  oy  defendant,  and  it 
being  likely  that  the  jury  concluded  that  though  he  passed  as  he  testified 
he  was  negligent  in  passing  without  stopping  and  nearer  than  necessary. 
See  Harris  v.  Nubbs..  L.  R  3  Exch.  Div.  208,  273. 

15.  Angell.  Highways,  sec.  2. 

"The  fundamental  idea  of  a  highway  is  not  only  that  it  is  public  for 
free  and  unmolested  passage  thereon  by  all  persons  desiring  to  use  it. — 
all  the  inhabitants  of  the  said  township,  and  of  all  other  good  citizens 
of  the  commonwealth  going,  returning,  passing  and  repassing,  in,  along, 
and  through  the  highway.  The  use  of  a  highway  is  not  a  privilege,  but 
a  right,  limited  by  the  rights  of  others  and  to  be  exercised  in  a  reason- 
able manner."     Radnor  Tp.  v.  Bell,  27  Pa.  Super.  Ct.  1,  5. 

16.  Angell,  Highways,  sec.  333. 


52  The  Law  of  Automobiles. 

an  established  custom.17  Proof  of  the  custom  is  not 
necessary,  for  the  court  will  take  judicial  notice  of  its 
existence.18 

§  4.  Vehicles  meeting-  and  passing. 

The  first  and  not  the  least  important  class  of  cases 
to  which  the  law  of  the  road  applies  is  where  two  vehi- 
cles approach,  meet,  and  pass  one  another  on  the  high- 
way. In  England  and  Canada  the  primary  rule  is 
that  when  two  vehicles  meet  each  should  keep  to  the 
left.  In  this  country  the  universal  rule  is,  as  every 
one  knows,  that  each  of  two  vehicles  which  meet  should 
keep  to  the  right.19  Custom  in  this  country  generally 
requires  that  each  of  two  vehicles  approaching  and 
meeting  should  pass  on  the  right  of  the  center  of  the 
traveled  portion  of  the  highway,20  or  at  least  to  keep 
sufficiently  to  the  right  to  afford  a  safe  and  free  pas- 
sage to  the  other  vehicle.2'  This  rule  has  been  enacted 
by  statute  in  many  states,  the  usual  requirement  being 
to  turn  to  the  right  of  the  center  of  the  road.22  The 
phrase  "  center  of  the  road,"  as  used  in  these  statutes, 

17.  Elliott,  Roads  and  Streets,    (2d  ed.)    sec.  828. 

18.  Elliott,  Roads  and  Streets,   (2d  ed.)   sec.  830. 

19.  Angell,  Highways,  sec.  328;  Palmer  v.  Baker.  11  Me.  338; 
Jaquith  v.  Richardson,  8  Met.  (Mass.)  213;  Easring  v.  Lansingh,  7 
Wend.   (N.  Y.)   185;  Smith  v.  Dygert,  12  Barb.   (N.  Y.)   613. 

20.  Cooley,  Torts,  p.  666. 

21.  Wilson  v.  Rockland,  2  Harr.  (Del.)  67. 

22.  See  for  example.  —  Cal.  Pol.  Code,  sec.  2931;  Diehl  v.  Roberts, 
134  Cal.  164,  66  Pac.  202;  111.  Rev.  St.,  ch.  121,  sec.  77;  Dunn  v.  Moratz, 
92  111.  App.  477;  Mass.  Pub.  St.,  ch.  93,  sec.  1 ;  New  York  Highway  Law, 
sec.  157  (2  Birdseye  Sts.  1638)  ;  Wright  v.  Fleischman,  41  Misc.  533,  85 
N.  Y.  Suppl.  62. 

A  statute  requiring  the  turning  to  the  right  of  the  center  of  the  road 
fs  only  a  recognition  of  the  common-law  rule  of  the  road,  which  would 
exist  without  statutory  enactment.  Wright  v.  Fleischman,  41  Misc.  533, 
85  N.  Y.  Suppl.  62. 


Operation   on    Highway.  53 

has  been  held  to  mean  the  center  of  the  traveled  or 
wrought  part  of  the  road.23  When  the  highway  is 
covered  by  snow,  travelers  who  meet  must  turn  to  the 
right  of  the  beaten  or  traveled  part  of  the  road  since 
it  was  covered  by  snow,  irrespective  of  the  position  of 
what  is  the  wrought  or  traveled  part  of  the  road  when 
not  covered  by  snow.24  This  rule  to  turn  to  the  right 
of  the  center  of  the  road  applies  to  vehicles  passing  on 
the  same  side  of  roads  and  streets  which  are  so  wide 
that  to  pass  safely  there  is  no  necessity  to  turn  to  the 
right  of  the  center  line.25  The  statutes  usually  re- 
quire that  vehicles  which  meet  on  the  highway  shall 
seasonably  turn  to  the  right.20  This  requirement  has 
been  held  to  mean  that  each  should  turn  to  the  right 
in  such  season  that  neither  shall  be  retarded  by  reason 
of  the  other's  occupying  his  half  of  the  way.27  It  has 
been  held  that  it  is  not  necessary  for  a  person  to  turn 
to  the  right  so  that  all  of  his  vehicle  is  on  the  right  of 
the  center  of  the  highway.  If  he  turns  out  far  enough 
so  that  another  vehicle  may  pass  safely  without  turn- 
ing out  at  all,  the  statute  has  been  sufficiently  complied 
with.28 


23.  Clark  v.  Com.,  4  Pick.  (Mass.)  125.  See,  however,  Daniel  v. 
Clcgg,  38  Mich.  32,  holding  that  the  phrase  "  traveled  part  of  the  road  " 
in  such  a  statute  means  that  part  which  is  wrought  for  traveling,  and 
is  not  confined  simply  to  the  most  traveled  wheel  track. 

24.  Jaquith  v.  Richardson,  8  Mete.  (Mass.)  213;  Smith  v.  Dygcrt,  12 
Barb.    (N.  Y.)    613. 

25.  Wright  v.  Fleischman,  41  Misc.  533,  85  N.  Y.  Suppl.  02. 

26.  See  for  example  111.  Rev.  Sta.,  ch.  121,  see.  77;  Cal  Pol.  Code, 
sec.  2931;  N.  Y.  Highway  Law,  sec.  157   (2  Birdseye  Sts.  1644). 

27.  Neal  v.  Randall,  08  Me.  09.  56  Atl.  209,  63  L.  R.  A.  668 

28.  Buxton  v.  Ainsworth,  (Mich.)  101  N.  W.  817,  11  Det.  Leg.  N. 
684. 


54  The  Law  of  Automobiles. 

§  5.  Rule  not  inflexible,  but  is  a  rule  of  negligence. 

Properly  considered,  the  rule  of  the  road  is  a  rule 
of  negligence,  and  the  fact  that  a  person  was  on  the 
wrong  side  of  the  road  when  a  collision  took  place  does 
not  per  se  make  him  liable  for  damages,  but  his  lia- 
bility is  determined  by  the  rules  of  law  applicable  to 
cases  of  negligence.29  The  rule  is  not  an  inflexible 
one,  and  a  deviation  therefrom  is  often  proper  and 
sometimes  necessary,30  and  a  too  rigid  adherence  to 
the  rule,  when  injury  might  have  been  averted  by 
variance  therefrom,  may  render  a  traveler  liable.31  A 
deviation  from  the  rule  is  often  necessary  in  the 
crowded  streets  of  a  metropolis,32  and  it  has  been  held 
that  when  a  light  vehicle  meets  and  passes  one  heavily 
laden  it  should  yield  to  the  heavier  vehicle,33  which, 
however,  ought  to  stop,  if  reasonable  care  requires  it, 
to  give  the  lighter  vehicle  opportunity  to  pass.34 
Moreover  it  is  self-evident  that  a  vehicle  may  occupy 
any  part  of  the  road  so  long  as  that  particular  portion 
is  not  being  used  by  another ; 35  but  it  is  equally  clear 
that  a  person  who  has  his  vehicle  in  that  situation  is 

29.  Neal  v.  Randall,  98  Me.  69,  56  Atl.  209,  63  L.  R.  A.  668 ;  Palmer 
v.  Barker,  11  Me.  338;  Parker  v.  Adams,  12  Mete.  (Mass.)  416;  Brooks 
v.  Hart,  14  N.  H.  307. 

30.  Turley  v.  Thomas,  8  Carr.  &  Payne  103. 

Custom  requires  a  vehicle  to  keep  to  the  right  unless  circumstances 
require  it  to  go  to  the  left.     Lee  v.  Foley,  113  La.  663,  37  So.  594. 

31.  Johnson  v.  Small,  5  B.  Mon.  (Ky.)  25;  Smith  v.  Gardner,  11 
Gray  (Mass.)  418;  Brooks  v.  Hart,  14  N.  H.  307;  O'Malley  v.  Dorn,  7 
Wis.  236;  Allen  v.  Mackay,  1  Sprague  (U.  S.)  219;  The  Commerce,  3 
W.  Rob.  295. 

32.  Wayde  t.  Carr,  2  Dow.  &  Ry.  255. 

33.  See  Lee  v.  Foley,  113  La.  663,  37  So.  594. 

34.  Kennard  v.  Burton,  25  Me.  39,  43  Am.  Dec.  249. 

35.  Parker  v.  Adams,  12  Mete.  (Mass.)  403;  Daniel  v.  Clegg,  38 
Mich.  32. 


Operation   on   Highway.  55 

bound  to  use  more  care  and  caution  against  collision 
with  any  other  vehicle  he  may  chance  to  meet  than  if 
he  were  pursuing  his  course  according  to  the  law  of 
the  road,36  and  when  the  other  vehicle  approaches  he 
must,  at  least  in  the  great  majority  of  cases,  season- 
ably turn  to  his  own  side  of  the  road ; 37  for  in  taking 
the  wrong  side  of  the  street  he  might  generally  be 
held  to  have  assumed  the  risk  of  consequences  which 
may  rise  from  his  inability  to  get  out  of  the  way  of  a 
vehicle  on  the  right  side  of  the  street,  and  is  responsi- 
ble for  injuries  sustained  by  the  latter  while  exer- 
cising due  care.38 

§  6.  Presumption  arising  from  disobedience. 

If,  however,  a  collision  take  place,  the  presumption 
is  against  the  person  on  the  wrong  side  of  the  road,39 
and  his  traveling  thus  contrary  to  the  law  is  prima 
facie  evidence  of  negligence  on  his  part,40  especially  if 
the  accident  happen  in  the  dark.41      The  presumption 

36.  Pleickwell  v.  Wilson,  5  Carr.  &  Payne,  103. 

37.  Parker  v.  Adams,  12  Mete.  (Mass.)  403;  Daniel  v.  Clegg,  38 
Mich.  32. 

38.  Fahrney  v.  O'Donnell,  107  111.  App.  608. 

39.  Cooley,  Torts,  p.  666;  Daniels  v.  Clegg,  28  Mich.  32;  Brooks  v. 
Hart.  14  N.  H.  307;  Buxton  v.  Ainsworth,  (Mich.)  101  N.  W.  817,  818, 
11  Det.  Leg.  N.  684;  Perlstein  v.  American  Export  Co.  177  Mass.  730, 
59  N.  E.  194,  holding  that  evidence  that  plaintiff  was  not  on  the  right 
side  of  the  street,  close  to  the  sidewalk,  and  that  the  other  vehicle  was 
going  very  fast  in  the  opposite  direction  when  the  collision  took  place 
was  sufficient,  when  unexplained,  to  indicate  negligence. 

40.  Steele  v.  Burkhardt,  104  Mass.  59;  Spofford  v.  Harlow,  3  Allen 
(Mass.)  176;  Burdick  v.  Worrall,  4  Barb.  596.  See,  however,  Foot  v. 
American  Produce  Co.,  195  Pa.  190,  49  L.  R.  A.  764,  holding  that  a  city 
ordinance  requiring  a  vehicle  to  travel  on  the  right  side  of  the  street 
could  be  considered  with  other  evidence,  but  that  in  itself  it  was  not 
sufficient  evidence  of  negligence  of  one  going  on  the  other  side. 

41.  Angell  v.  Lewis,  20  R.  I.  391,  39  Atl.  521. 


56  The  Law  of  Automobiles. 

is  not,  however,  conclusive.42  If  it  be  overcome  by 
evidence  of  the  circumstances,  or  if  it  appear  that  the 
fault,  if  found,  did  not  essentially  contribute  to  the 
injury  in  question,  the  fact  that  the  traveler  may  have 
been  in  a  sense  out  of  place  does  not  place  him  beyond 
the  protection  of  the  law.43  Thus,  if  one  is  obliged  by 
reason  of  an  obstacle  in  the  road  to  go  to  the  wrong 
side  of  the  highway  and  his  vehicle  collides,  without 
his  fault,  with  that  of  another,  there  is  no  liability  as 
against  him  who  took  the  wrong  side  of  the  road.44 

§  7.  Where  one  traveler  overtakes  and  passes  another. 

In  England  the  traveler  who  overtakes  and  passes 
another  must  pass  on  the  off  side  of  the  forward 
traveler,  who  should,  at  the  same  time,  go  to  the  left. 
It  is  said  that  in  this  country  there  is  no  rule  regulat- 
ing how  the  overhauling  vehicle  should  pass  the  one  in 
front.45  It  is  doubtful,  however,  if  it  can  be  said  that 
there  is  no  rule  fixing  a  way  the  following  vehicle 
should  pass  the  one  ahead.  It  is  customary  in  many 
parts  of  the  country  for  the  vehicle  in  the  rear  to  pass 
on  the  left  side;  that  is,  just  the  opposite  from  the 
English  rule;  and  it  is  perfectly  apparent  that  this 
custom  is  dictated  by  common  sense.  This  has  been 
recognized  in  some  of  the  recent  automobile  laws.46 
Nevertheless  it  has  been  held  that  the  law  of  the  road 
applies  only  to  travelers  who  approach  each  other 
from    opposite    directions,47    and    that    the    advance 

42.  Riepe  v.  Elting,  89  Iowa  82,  56  N.  W.  285,  26  L.  R.  A.  769. 

43.  Buxton  v.  Ainsworth,   (Mich.)    101  N.  W.  817,  818,  11  Det.  Leg. 
N.  084. 

44.  Strouse  v.  Whittlesey,  41  Conn.  559. 

45.  Angell,  Highways,  sec.  340. 

46.  See  N.  Y.  Automobile  Law  of  1903. 

47.  Bolton  v.  Colder,  1  Watts   (Pa.)   360. 


Operation    on    Highway.  57 

traveler  is  under  no  obligation  to  turn  to  either  side 
to  allow  the  following  traveler  to  pass.48  LaJLouisiana 
it  has  been  held  that  the  driver  or  owner  of  the  rear 
vehicle  passes,  at  his  peril,  the  forward  one,  and  is 
responsible  for  all  damage  caused  thereby.41'  Even 
though  there  may  be  a  set  rule  how  a  following  vehicle 
should  pass  the  one  in  front,  it  would  seem  that  such 
a  rule,  like  the  one  covering  vehicles  approaching  from 
opposite  directions,  will  be  merely  a  rule  of  negligence, 
and  the  liabilities  of  parties  would  be  subject  to  the 
law  of  negligence.  In  fact  it  has  been  held  that  the 
driver  of  a  vehicle  who  sees  a  team  on  the  run  over- 
taking him,  but  not  having  any  reason  to  believe  that 
the  driver  had  lost  control  of  his  team,  was  not  guilty 
of  contributory  negligence  in  not  turning  out,  where 
there  was  plenty  of  room  for  the  team  to  pass.50 

§  8.  Collision  —  Contributory  negligence. 

As  in  other  cases  of  negligence,  a  traveler  injured 
by  a  collision  on  the  highway  must  be  free  from  con- 
tributory negligence,51  and  where  a  suit  is  brought 
plaintiff  must  prove  both  care  on  his  part  and  want  of 
care  on  the  part  of  the  defendant.52     Under  this  rule 

48.  Bolton  v.  Colder,  1  Watts   (Pa.)   360. 

49.  Avegno  v.  Hart,  35  La.  Ann.  235. 

50.  Elenz  v.  Conrad,  123  Iowa  522,  99  N.  W.  138. 

51.  McLane  v.  Sharpe.  2  Harr.  (Del.)  481;  Larrabee  v.  Sewell,  G6 
Me.  376;  Parker  v.  Adams,  12  Met.  (Mass.)  415;  Daniels  v.  Clegg,  28 
Mich.  32;  Wynn  v.  Allard.  5  Wat  Is  &  S.  (Pa.)  524;  Wood  v.  Luscomb, 
23  Wis.  287;  Brooks  v.  Hart.  14  N.  H.  307;  Drake  v.  Mount,  33  X.  J.  L. 
441  :  Moody  v.  Osgood,  54  N.  Y.  488;  Pluckwell  v.  Wilson.  5  Car.  &  P. 
375;  Williams  v.  Holland,  6  Car.  &  P.  23;  Wayde  v.  Lady  Carr,  2  Dowl. 
&  R.  255. 

52.  Kennard  v.  Burton,  25  Me.  39;  Carsley  v.  White,  21  Pick.  (Mass.) 
234;  Rathbun  v.  Payne,  19  Wend.  (N.  Y.)  399;  Butterrield  v.  Boyd,  4 
Blatchf.   (U.  S.)   356. 


58  The  Law  of  Automobiles. 

it  has  been  held  that  the  proof  of  unskillful  or  reckless 
driving  will  prevent  plaintiff's  recovery  if  his  conduct 
has  actually  contributed  to  the  injury.53  Further- 
more, it  is  clear  that  the  traveler  whose  part  of  the 
way  is  trenched  upon  by  another  cannot,  for  that  rea- 
son, carelessly  and  imprudently  rush  upon  the  other 
party,  or  his  vehicle,  and  if  he  sustain  an  injury  re- 
cover damages  therefor.  He  may  probably  attempt 
to  pass  if  such  attempt  would  be  reasonably  safe  and 
prudent.  If  otherwise,  he  must  delay,  and  seek  redress 
for  the  detention  if  damage  result  therefrom.54  But 
no  negligence  on  plaintiff's  part  which  does  not  con- 
tribute to  the  injury  will  prevent  his  recovery.55  Thus 
negligence  of  the  driver  in  the  management  of  his 
vehicle  after  a  collision  caused  by  defendant's  negli- 
gence will  not  relieve  defendant  from  liability,  unless 
plaintiff's  act  actually  contributed  to  the  result.56 

§  9.  Rights  of  footmen  and  vehicles  —  Children  in  the  street. 

The  rights  of  footmen  and  drivers  in  the  highway 
are  equal  and  both  must  exercise  such  care  as  cir- 
cumstances demand.57  A  motorist  is  bound  to  antici- 
pate that  he  may  meet  persons  at  any  point  in  a  public 
street.  He  must,  therefore,  keep  a  careful  lookout 
for  them  and  have  his  car  under  such  control  as  will 
enable  him  to  avoid  injury  to  any  one  and,  if  neces- 

53.  Peoria  Bridge  Assoc,  v.  Loomis,  20  111.  235 ;  Pittsburgh  Southern 
R.  Co.  v.  Taylor,  104  Pa.  300;  Acker  v.  Anderson  County,  20  S.  C.  495; 
Cassedy  v.  Stockbridge,  21  Vt.  391;  Flower  v.  Adam,  2  Taunt.  314. 

54.  Brooks  v.  Hart,  14  N.  H.  307,  313. 

55.  Kennard  v.  Burton,  25  Me.  39;  Parker  v.  Adams,  12  Mete. 
(Mass.)  415;  Clay  v.  Wood.  5  Esp.  44;  Chaplin  v.  Hawes,  3  Car.  &  P. 
555 :  Wayde  v.  Lady  Carr,  2  Dowl.  &  R.  255. 

56.  Belk  v.  People,  125  111.  584. 

57.  Elliott,  Roads  and  Streets,  sec.  834. 


Operation   on   Highway.  59 

sary,  he  must  slow  up  and  even  stop.58  An  adult  or 
an  infant  has  the  right  to  assume  that  tbe-operator 
of  an  automobile  will  exercise  care  and  respect  the 
rights  of  pedestrians  when  there  is  occasion  to  turn  a 
corner.  Due  care  requires  in  such  circumstances  that 
the  vehicle  should  be  slowed  down  and  operated  with 
care.  At  ^such  a  place  the  operator  is  bound  to  take 
notice  that  people  may  be  at  the  crossing;  and  this 
obligation  on  his  part  is  one  which  a  pedestrian  has 
a  right  to  assume  will  be  observed."'9  If  the  motorist 
meets  children  of  tender  years  in  the  street  he  is  re- 
quired to  exercise  more  than  ordinary  care  to  avoid 
accident.60  The  mere  fact  that  a  six-year-old  boy,  run 
over  by  a  motor  car,  was  found  in  the  street,  and 
played  on  the  street,  is  not  per  se  negligence  on  the 
part  of  his  parents,  but  whether  his  parents  were  negli- 
gent is  a  question  for  the  jury.61  It  is  not  the  duty 
of  a  driver  to  keep  a  lookout  behind  to  see  whether 
children  are  climbing  on  the  rear  of  his  vehicle.  It 
is  his  duty  to  look  ahead.62  That  the  peculiarity  of 
his  vehicle  excites  the  desire  of  children  to  climb  upon 
it  does  not  alter  the  case.63  In  an  action  for  the  death 
of  a  boy  run  over  by  a  motor  car,  the  fact  that  the 
accident  did  not  happen  at  a  street  crossing,  but  at  a 
point  between  blocks,  may  be  considered  by  the  jury 
on  the  issue  of  negligence.64  It  must  affirmatively 
appear  that  plaintiff  was  not  guilty  of  contributory 

58.  Thies  v.  Thomas,  77  N.  Y.  Supp.  276. 

59.  Buscher  v.  New  York  Transportation  Co.,  94  N.  Y.  Supp.  798. 

60.  Thies  v.  Thomas,  77  N.  Y.  Supp.  276. 

61.  Thies  v.  Thomas,  77  N.  Y.  Supp.  276. 

62.  Hebard  v.  Mabie,  98  111.  App.  543. 

63.  Hebard  v.  Mabie,  98  111.  App.  543. 

64.  Thies  v.  Thomas,  77  N.  Y.  Supp.  276. 


60  The  Law  of  Automobiles. 

negligence.65  In  an  action  to  recover  for  the  death  of 
a  six-year-old  boy,  it  is  a  question  for  the  jury  whether 
his  playing  on  the  street  was  contributory  negli- 
gence.66 If  an  automobile  comes  upon  a  boy  in  such 
a  way  as  to  produce  terror,  and  his  fear  causes  an 
error  of  judgment  by  which  he  runs  in  front  of  the 
automobile,  he  is  not  guilty  of  contributory  negli- 
gence.67 

§  10.  Injury  resulting  from  fright. 

In  an  ordinary  case  of  injury  through  the  reckless 
driving  of  an  automobile  on  the  highway,  the  rules  of 
liability  are  well  settled  and  comparatively  simple. 
Let  us  suppose,  however,  a  case  of  a  person  who  is 
walking  on  the  street  or  highway  and  a  motor  car  is 
so  recklessly  driven  that  he,  through  no  fault  of  his 
own,  suffers,  from  fright,  a  severe  nervous  shock 
which  seriously  injures  him,  the  injury  being  due 
solely  to  the  fright  thus  caused,  not  to  any  immediate 
physical  injury  from  the  car.  Has  he  any  ground  for 
recovery?  Very  high  American  authority,  followed  in 
several  States,  is  against  recovery  upon  these  facts.68 
This  conclusion  was  reached  by  starting  with  the 
sound  proposition  that  damages  are  not  recoverable 
for  mere  fright.  ' '  Fear, ' '  says  Sir  Frederick  Pollock, 
"  taken  alone  falls  short  of  being  actual  damage,  not 
because  it  is  remote  or  unlikely  consequence,  but  be- 
cause it  can  be  proved  and  measured  only  by  physical 
effects."69      But  from  the  proposition  that  recovery 

65.  West  v.  New  York  Transportation  Co.,  94  N.  Y.  Supp.  426. 

66.  Thies  v.  Thomas,  77  N.  Y.  Supp.  276. 

67.  Thies  v.  Thomas,  77  N.  Y.  Supp.  276. 

68.  Mitchell  v.  Rochester  Rv.  Co.,  151  X.  Y.  107. 

69.  Pollock,  The  Law  of  Torts,  p.  51. 


Operation   on   Highway.  61 

could  not  be  had  for  fright  alone  the  court  reasoned 
that  no  recovery  can  be  had  for  injuries  resulting 
therefrom.  "  That  the  result  may  be  nervous  disease, 
blindness,  insanity,  or  even  a  miscarriage,  in  no  way 
changes  the  principle.  These  results  merely  show  the 
degree  of  fright  or  the  extent  of  the  damages.  The 
right  of  action  must  still  depend  upon  the  question 
whether  recovery  may  be  had  for  fright.  If  it  can, 
then  an  action  may  be  maintained,  however  slight  the 
injury.  If  not,  then  there  can  be  no  recovery,  no 
matter  how  grave  or  serious  the  consequences."70 
This  reasoning  has  been  citicised  and  seems  to  have 
been  overthrown  in  a  well-known  English  case.71  In 
that  case  the  court  said:  "  No  doubt  damage  is  an 
essential  element  in  a  right  of  action  for  negligence. 
I  cannot  successfully  sue  him  who  has  failed  in  his 
duty  of  using  reasonable  skill  and  care  towards  me 
unless  I  can  prove  some  material  and  measurable 
damage.  If  his  negligence  has  caused  me  neither 
injury  to  property  nor  physical  mischief,  but  only  an 
unpleasant  emotion  of  more  or  less  transient  duration, 
an  essential  constituent  of  a  right  of  action  for  negli- 
gence is  lacking.  *  *  *  It  may,  I  conceive,  be  truly 
said  that,  viewed  in  relation  to  an  action  for  negli- 
gence, direct  bodily  impact  is,  without  resulting  dam- 
age, as  insufficient  a  ground  of  legal  claim  as  the 
infliction  of  fright.  That  fright  —  where  physical 
injury  is  directly  produced  by  it  —  cannot  be  a  ground 
of  action  merely  because  of  the  absence  of  any  accom- 
panying impact  appears  to  me  to  be  a  contention  both 
unreasonable  and  contrary  to  the  weight  of  authority. 

70.  Mitchell  v.  Rochester  Ry.  Co.,  151  N.  Y.  107,  109,  110. 

71.  Dulien  v.  White,  2  K.  B.  669. 


62  The  Law  of  Automobiles. 


* 


If,  as  must  be  assumed  here,  the  fear  is  proved 
to  have  naturally  and  directly  produced  physical 
effects,  so  that  the  ill  results  of  the  negligence  which 
caused  the  fear  are  as  measureable  in  damages  as  the 
same  results  would  be  if  they  arose  from  an  actual 
impact,  why  should  not  an  action  for  those  damages 
lie  just  as  well  as  it  lies  where  there  has  been  an  actual 
impact?72  In  connection  with  the  compelling  reason- 
ing of  the  English  court,  we  should  remind  ourselves 
that  it  is  settled  law,  as  we  have  already  seen,  that  if  a 
horse  be  frightened  by  the  negligent  operation  of  an 
automobile  upon  the  highway,  and  physical  injury  re- 
sults directly  from  the  fright  of  the  horse,  a  good 
cause  of  action  lies.  If  an  action  lies  for  damages 
resulting  from  the  fear  of  an  unreasonable  animal,  an 
animal  without  a  grain  of  sense  when  its  fear  is 
aroused,  on  what  principle  can  we  say  that  damages 
cannot  result  from  the  fear  of  an  individual?  Of 
course  not  every  shock  which  produces  physical  injury 
gives  cause  of  action  to  the  sufferer.  The  nervous 
shock  must  be  one  which  arises  from  a  reasonable  fear 
of  immediate  personal  injury  to  oneself.73 

§  11.  Roadworthiness  of  vehicle,  tackle,  or  gearing. 

It  is  the  duty  of  a  motorist  to  have  good  tackle  and 
gearing,  and  to  have  his  car  in  good  condition  for  the 
road,  that  he  may  thus  avoid,  as  much  as  possible,  the 

72.  Dulien  v.  White.  2  K.  B.  669,  673,  675.  where  a  woman  who  was 
pregnant  was  sitting  behind  the  bar  of  the  public  house  of  her  husband 
and  a  pair-horse  van  was  driven  into  the  public  house  and  she  sustained 
a  severe  nervous  shock  and  gave  premature  birth  to  the  child  she  had 
been  carrying  and  the  child  born  was,  in  consequence,  an  idiot. 

73.  Dulien  v.  White,  2  K.  B.  669,  675,  where  the  court  said:  "A. 
has,  I  conceive,  no  legal  duty  not  to  shock  B.'s  nerves  by  the  exhibition 
of  negligence  towards  C,  or  towards  the  property  of  B.  or  C." 


Operation   on   Highway.  63 

chance  of  causing  injury  to  others.74  The  mere  fact 
that  some  of  the  gearing  gave  way,  or  that  some  part 
of  the  vehicle  broke  down,  and  injury  resufted,  would 
not  be  negligence  per  se.15  "  If  damages  are  inflicted 
by  reason  of  the  breaking  of  the  carriage  or  tackle  of 
the  traveler  on  the  highway  the  traveler  or  owner  of 
the  tackle  or  vehicle  is  liable  only  on  the  principal  of 
want  of  ordinary  care."76  The  fact  that  gearing  or 
tackle  acted  wrongly  on  a  previous  occasion  is  evidence 
of  negligence  on  the  part  of  the  owner,  and  may  be 
sufficient  to  render  him  liable  for  damages  caused 
thereby.77 

§  12.  Street  crossings,  crossroads. 

At  the  crossing  of  two  highwaj^s  travelers  on  both 
roads  or  streets  have  equal  rights,  and  each  traveler 
is  bound  to  exercise  ordinary  care  to  avoid  injury  to 
others.78  If  a  person  injured  in  crossing  a  street 
failed  to  exercise  ordinary  care  and  prudence  for  his 
own  safety,  it  is  nevertheless  proper  to  leave  to  the 
jury  the  question  whether,  if  the  driver  of  vehicle  by 
which  he  has  been  injured  had  been  watchful,  he  could 
have  discovered  the  peril  to  which  plaintiff  was  ex- 
posed in  time  to  have  avoided  injury.79 

§  13.  Vehicles  standing  on  the  highway. 

Under  many  circumstances  the  owners  of  vehicles 
have  the  right  to  let  them  stand  on  the  highway  for  a 

74.  Welch  v.  Lawrence.  2  Chitty  262;  Johnson  v.  Small,  5  B.  Mon. 
(Ky.)  25:  Smith  v.  Smith,  2  Pick.  (Mass.)  621;  Murdock  v.  Warwick. 
4  Gray  (Mass.)   178. 

75.  Doyle  v.  Wragg,  1  F.  &  F.  7 ;  The  European,  10  L.  R.  Prob. 
Div.  99. 

76.  1  Thompson  Negligence,  p.  81.   See  also  Elliott,  Roads  and  Streets. 

77.  The  European,  10  L.  R.  Prob.  Div.  99. 

78.  Gilbert  v.  P.urque.  72  N.  H.  521,  57  Alt.  927. 

79.  Duter  v.  Sbaren,  81  Mo.  App.  612. 


64  The  Law  of  Automobiles. 

reasonable  time  and  in  such  a  place  as  will  not  unduly 
interfere  with  travel  on  the  road.  When,  therefore,  a 
motor  car  is  lawfully  standing  on  the  side  of  the  street 
and  there  is  ample  room  to  pass  without  colliding  with 
it,  it  is  negligent  to  drive  into  it.80  When,  however, 
the  person  in  charge  of  a  motor  car  leaves  it  upon  the 
street  it  is  his  duty  to  take  all  reasonable  care  that  no 
injury  will  result  during  the  time  the  machine  is  there, 
especially  if  the  car  be  left  standing  alone  with  no 
person  in  charge  of  it.  It  is  not  his  duty  before  leav- 
ing the  car  to  chain  it  to  a  post  or  in  some  manner  to 
fasten  it  so  that  it  would  be  impossible  for  it  to  be 
started  by  a  third  person.81  If,  during  the  absence  of 
the  person  in  charge  of  the  car  and  after  he  had 
turned  off  the  power  and  applied  the  brake,  the  car  be 
started  by  the  willful  act  of  two  small  boys  and  collide 
with  a  wagon,  the  unauthorized  interference  and  act 
of  the  boys  is  the  proximate  cause  of  the  injury  and 
the  owner  of  the  car  is  not  liable.82 

§  14.  Liability  of  owner  for  acts  of  person  operating  car. 

Undoubtedly  the  owner  of  a  motor  car  is  liable  for 
the  acts  of  his  servant  who  is  managing  it  while  acting 
as  an  employee  and  within  the  scope  of  his  employ- 
ment. The  owner  is  not,  however,  liable  where  the 
proximate  cause  of  the  injury  was  not  the  acts  of  his 
servant,  but  the  intermeddling  of  a  third  person.83  A 
dealer  in  automobiles  cannot  be  held  liable  for  the 
act  of  his  son  who  was  also  an  employee,  but  not  act- 
so.  Odom  v.  Schmidt,  52  La.  Ann.  2129.  28  So.  350. 

81.  Berman  v.  Schultz,  84  N.  Y.  Supp.  292. 

82.  Berman  v.  Schultz,  84  N.  Y.  Supp.  292. 

83.  Berman  v.   Schultz,  84  N.   Y.   Supp.  292.     See  supra,  ch.  VI., 
Bee.  11. 


Operation   on   Highway.  65 

ing  as  such  at  the  time,  and  who  was  using  his  father's 
car  without  the  latter 's  consent  or  knowledge.84 

§  15.  Speed  regulations. 

An  act  regulating  the  speed  of  automobiles  is  not 
unconstitutional  as  class  legislation.85  In  Pennsyl- 
vania a  township  of  the  first  class  has  the  power,  under 
the  Act  of  April  18,  1899,  P.  L.  104,  to  pass  an  ordi- 
nance fixing  the  maximum  speed  of  motoi  cars  at  ten 
miles  an  hour,  and  the  power  is  not  suspended  by  Act 
of  April  23,  1903,  P.  L.  268,  which  allows  motor  cars 
to  maximum  speed  of  twenty  miles  an  hour  outside 
of  cities  and  boroughs.80  InMassachusetts  the  Bos- 
ton park  commissioners  have  power  to  make  rules  for 
the  use  and  government  of  the  parkways  under  their 
control.87  One  who  is  controlling  the  motive  power 
of  an  automobile  may  be  said  to  be  driving  it  within 
the  meaning  of  a  rule,  made  by  a  board  of  park  com- 
missioners, that  no  person  shall  "  ride  or  drive  "  in 
a  certain  parkway  at  a  rate  of  speed  exceeding  eight 
miles  an  hour.88  Under  a  statute  forbidding  the  driv- 
ing of  a  motor  car  at  any  speed  greater  than  is  rea- 
sonable and  proper,  having  regard  to  the  traffic  on  the 
highway,  a  finding  that  a  speed  of  eighteen  miles  an 
hour  was  excessive  was  correct,  although  there  was 
no  direct  evidence  that  any  traffic  was  interrupted, 
interfered  with,  incommoded,  or  affected;  for  the 
phrase  ' '  having  regard  to  the  traffic  on  the  highway  ' 

84.  Reynolds  v.  Buck,  (Iowa)   103  N.  W.  946. 

85.  Christy  v.  Elliott,  216  111.  31,  1  L.  R.  A.  (N.  S.)  124,  74  N.  E. 
Rep.  1035  [construing  Act  of  May  13,  1903]. 

86.  Radnor  Tp.  v.  Bell,  27  Pa.  Super.  Ct.  1. 

87.  Com.  v.  Crowninshield,  17  Mass.  225. 

88.  Com.  v.  Crowninshield,  17  Mass.  225. 
5 


66  The  Law  of  Automobiles. 

meant  having  regard  to  the  traffic  on  the  road,  not  to 
the  traffic  in  the  immediate  vicinity  of  the  motor.89 
Upon  the  elementary  principle  that  before  a  person 
can  be  legally  convicted  of  a  crime  he  is  entitled  to  be 
informed  of  precisely  the  charge  made  against  him, 
a  conviction  of  the  violation  of  a  highway  law  cannot 
be  affirmed  on  the  ground  that  defendant  violated  a 
section  of  the  Penal  Code.90 

89.  Smith  v.  Boon,  84  L.  T.  593  [construing  The  Light  Locomotives 
on  Highways  Order,  art.  4].  See  also  Mayhew  v.  Sutton,  86  L.  T.  18. 
Other  cases  under  this  act  are  Rex  v.  Wells,  91  L.  T.  98;  Throughton  v. 
Manning,  92  L.  T.  855.  See  article  "  Prohibiting  Reckless  Motoring," 
Canadian  L.  Rev.,,  February,  1906. 

90.  People  v.  Ellis,  88  N.  Y.  App.  Div.  471,  472.  The  following  were 
the  provisions  of  the  highway  law  in  question:  "  Sections  103  and  169a 
of  the  Highway  Law  (Laws  of  1890,  ch.  508),  as  amended  by  chapter 
G25  of  the  Laws  of  1903,  provided  as  follows: 

"  Sec.  163  .  .  .  No  ordinance,  rule  or  regulation  adopted  by  the 
authorities  of  any  city  in  pursuance  of  this  section  or  of  any  other  law 
shall  require  an  automobile  or  motor  vehicle  to  travel  at  a  slower  rate 
than  eight  miles  per  hour  within  the  closely  built  up  portions  of  such 
city,  nor  at  a  slower  rate  of  speed  than  fifteen  miles  per  hour  where  the 
houses  in  such  city  upon  any  hignway  are  more  than  one  hundred  feet 
apart.     .     .     . 

"  Sec.  169a.  .  .  .  Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  statute,  or  of  any  speed  ordinance  adopted  pursuant 
hereto,  upon  conviction  thereof,  shall,  in  addition  to  the  penalties  pro- 
vided in  section  one  hundred  and  sixty-nine  b,  be  further  punished  for  a 
first  offense  by  a  suspension  of  his  right  to  run  an  automobile  for  a 
period  of  not  less  than  two  weeks." 

It  was  held  that  such  sections  of  the  Highway  Law  do  not  purport  to 
fix  a  rate  of  speed  or  make  it  a  crime  to  exceed  any  particular  rate,  but 
that  they  simply  operate  to  prevent  the  authorities  of  a  city  from  fixing 
a  lower  rate  of  speed  for  automobiles  than  eight  miles  an  hour. 

That  an  information  which  states  that  defendant  propelled  an  auto- 
mobile through  the  closely  built  portion  of  the  city  of  New  York  at  a 
speed  of  eighteen  miles  an  hour  is  not  permitted  by  any  ordinance  of 
said  city.  "  wherefore,  deponent  charges  defendant  with  having  violated 
chapter  625  of  the  Laws  of  1903,"  does  not  charge  the  commission  of  a 
crime. 


Operation   on   Highway.  67 

§  16.  Injuries  resulting  from  defects  in  highway. 

In  practically  all  of  the  states  the  nnmiciftalities  and 
towns  or  townships  are  made  responsible  for  injuries 
resulting  from  the  unsafe  condition  of  the  highway. 
The  liability  is  usually  prescribed  by  statute,  and  the 
extent  of  liability  is  denned  by  the  statute  creating  it. 
Where  a  statute  provides  that  highways  shall  be  kept 
in  a  reasonably  safe  condition  for  travelers  with 
horses,  teams,  and  carriages,  the  word  "  carriages  ' 
includes  motor  cars  or  automobiles.91  It  has  been 
held  that  in  an  action  for  injuries  from  a  defect  in  the 
highway  the  question  was  not  whether  the  town  used 
ordinary  care  in  construction  and  repair  of  its  high- 
way, but  whether  as  a  result  the  road  as  constructed 
and  maintained  was  in  fact  reasonably  safe  for 
travelers.92  But  the  duty  of  a  municipality  to  keep 
its  highways  in  a  reasonably  safe  condition  does  not 
include  the  providing  against  insufficiency  caused  by 
extraordinary  events.93 

§  17.  Care  in  avoiding  defects  —  Contributory  negligence. 

A  person  in  charge  of  a  vehicle  must  use  ordinary 
care  to  avoid  injury  from  any  defect  in  the  highway. 
Ordinary  care  is  such  care  as  prudent  men  ordinarily 
use  in  like  circumstances,  taking  into  consideration  the 
time,  place,  condition  of  the  highway,  possible  dan- 
gers, known  obstructions,  and  the  damage  likely  to 
result  from  driving  carelessly  at  that  particular  time 

91.  Baker  v.  Fall  River,   (Mass.)    72  N.  E.  336. 

92.  Moriarity  v.  Lewiston.  98  Mo.  482,  57  Atl.  790.  See  Cunningham 
v.  Clay  Tp.,  76  Pac.  (Kan.)  907,  holding  that  it  is  not  a  sufficienl  de- 
fense to  show  that  the  township  officers  have  used  ordinary  care  to  pre- 
vent the  defect  on  which  the  action  is  based. 

93.  Schrunk  v.  St.  Joseph,   (Wis.  1904)   97  N.  W.  946. 


68  The  Law  of  Automobiles. 

and  place.94  Therefore  it  has  been  held  that  when  a 
highway  is  of  reasonable  width  and  smoothness  a  per- 
son who  drives  outside  such  a  way  assumes  the 
risk.95  In  many  states  want  of  contributory  negli- 
gence on  the  part  of  the  owner  or  of  the  driver 
must  be  affirmatively  shown.96  Likewise  it  is  the 
duty  of  a  passenger  when  he  has  an  oportunity 
to  do  so,  as  well  as  the  driver,  to  learn  of  any 
danger  in  the  highway  and  avoid  it  if  possible.97 
Mere  knowledge  of  the  defective  condition  of  the  road 
does  not  preclude  recovery  if  the  injured  party  used 
due  care  according  to  the  danger  which  existed.98  And 
although  it  be  the  duty  of  the  driver  to  look  where  he 
is  going,  yet  it  cannot  be  laid  down  as  an  inflexible  and 
unvaried  rule  of  law  that  he  must  keep  his  eyes  con- 
stantly fixed  on  the  roadbed,  and  is  affected  with 
notice  of  every  defect  therein,  great  or  small,  which 
can  be  detected  by  doing  so.99  In  considering  the 
question  of  due  care  the  jury  may  keep  in  mind  the 
"  Law  of  the  Road  "  when  it  appeared  the  plaintiff 
went  to  the  right  side  of  the  road  to  avoid  some  work- 
men, when  the  left  side  afforded  a  better  way,  and 
this  although  there  was  no  other  vehicle  in  the  im- 
mediate vicinity.100 


94.  Ford  v.  Whitman,   (Del.  Super.  1899)  45  Atl.  543. 

95.  Orr  v.  Oldtown,  99  Me.  190,  58  Atl.  984. 

96.  Orr  v.  Oldtown,  99  Me.  190,  58  Atl.  914. 

97.  Whitman  v.  Fisher.  98  Me.  575,  57  Atl.  895. 

98.  Gardner  v.  Wasco  County,    (Ore.   1900)    61  Pac.  834,  rehearing 
denied,  62  Pac.  753. 

99.  Smith  v.  Jackson  Tp.,  26  Pa.  Super.  Ct.  234. 

100.  Baker  v.  Fall  River,  (Mass.)   72  N.  E.  336. 


Operation   on   Highway.  69 

§  18.  Notice  of  defects  —  Notice  of  accident. 

In  many  states  no  recovery  can  be  had  of-a*township 
or  a  municipality  for  injury  from  a  defective  highway, 
unless  the  township  or  municipality  can  be  said  to 
have  had  notice  of  the  defect  from  which  the  injury 
resulted;  and  in  some  states  the  notice  must  be  actual 
notice,  not  notice  inferable  from  the  notoriety  or  long 
continuance  of  the  defect  in  question.101  If  the  chair- 
man of  the  selectmen  and  superintendent  of  streets 
has  knowledge  of  the  defect  it  is  proper  to  find  that  the 
town  was  charged  with  notice.102  In  many  states  it  is 
necessary  to  file  a  notice,  within  a  specified  time,  of  an 
accident  from  a  defect  in  the  highway  with  an  officer 
of  the  town,  township,  or  municipality  in  which  the 
injury  was  received.  The  requirements  of  such  notice 
vary  with  different  jurisdictions,  but  they  must  in  all 
cases  be  substantially  complied  with.103 

101.  Hair  v.  Ohio  Tp..  (Kan.  1900)  02  Pac.  1010  [construing  Gen. 
Sts.  1899,  eh.  16,  sec.  317]. 

102.  Pratt  v.  Inhabitants  of  Cohasset,  177  Mass.  488,  59  N.  E.  79. 

103.  Dean  v.  Sharon,  72  Conn.  667,  45  Atl.  963;  Joy  v.  Inhabitants  of 
York,  99  Me.  237,  58  Atl.  1059;  Garske  v.  Ridgeville,  (Wis.)  102 
N.  W.  22. 


CHAPTER  VII. 

PROOF  OF   SPEED. 

Sec.     1.  Evidence  of  chauffeur  or  operator. 

2.  Observers  may  give  estimates. 

3.  Qualifications  of  observers. 

4.  Weight  of  evidence. 

5.  Incorrect  estimates. 

6.  Imagination. 

7.  Line  of  vision. 

8.  Time  consumed. 

9.  Noise. 

10.  Facts  incompatible  with  estimates. 

11.  Distance. 

12.  Speed  at  one  place  inadmissible  as  to  speed  at  another. 

13.  Effect  of  bias. 

14.  Burden  of  proof. 

15.  Summary  and  conclusion. 

§  1.  Evidence  of  chauffeur  or  operator. 

Naturally,  evidence  as  to  the  speed  of  an  automobile 
is  of  more  or  less  value  or  weight  according  to  the 
situation  of  the  witness  at  the  time  of  the  speed  and 
the  witness'  experience.  A  child  observing  a  pass- 
ing automobile  would,  of  course,  be  incapable  of  giving 
reliable  testimony  as  to  its  speed,  so  also  would  the 
testimony  of  an  adult  be  unreliable  where  his  eye- 
sight is  impaired.  In  fact  most  persons  under 
normal  conditions  would  not  be  able  to  give  testimony 
from  observation  which  would  warrant  a  determina- 
tion in  accordance  therewith.  The  question  arises, 
"  Who  constitutes  a  reliable  witness  as  to  the  speed  of 
an  automobile?  "     Considering  all  the  rules  that  have 

[70] 


Proof  of  Speed.  71 

been  promulgated  concerning  the  weighing  of  testi- 
mony or  evidence  the  party  controlling  th^  operation 
of  a  pasing  object,  such,  for  example,  as  the  chauffeur 
or  operator  of  an  automobile,  should  be  regarded  by 
the  courts  as  one  of  the  best  and  most  reliable  wit- 
nesses as  to  the  speed  of  his  machine  if  he  is  to  be 
believed  so  far  as  truthfulness  is  concerned.1  The 
chauffeur  or  operator  of  an  automobile,  having  control 
of  the  vehicle,  is  the  custodian,  so  to  speak,  of  the 
speed.  This  is  an  important  consideration.  His 
testimony  should  be  especially  valuable  if  it  consists 
not  merely  of  any  expression  of  his  judgment  or 
opinion,  but  of  what  he  actually  did  in  the  way  of 
regulating  the  speed ;  since,  in  the  latter  case  it  might 
be  necessary  for  the  trier  of  facts  to  find  him  guilty 
of  perjury  if  his  testimony  is  not  to  be  credited,  and 
very  strong  evidence  is  always  required  to  justify 
that  severity.  Where,  for  example,  the  chauffeur  or 
operator  is  able  to  testify  as  to  what  he  did  in  refer- 
ence to  shutting  off  the  power,  applying  the  brakes, 
or  any  other  matter  pertaining  to  the  regulation  of 
the  speed,  this  should  furnish,  at  least,  strong  corrobo- 
rative evidence.  Because  the  chauffeur  is  so  closely 
in  touch  with  the  automobile's  movements,  courts 
should  give  great  weight  to  his  evidence,  if,  as  said 
before,  it  is  truthful. 

§  2.  Observers  may  give  estimates. 

Those  who  observe  a  passing  object  or  automobile 
may  testify  to  their  estimates  of  its  apparent  speed 
without  qualifying  as  experts,  although  their  testi- 
mony may  not  be  of  much  weight  as  compared  with 

1.  See  Bowes  v:  Hopkins,  84  Fed.  Rep.  767. 


72  The  Law  of  Automobiles. 

the  testimony  of  those  who  have  been  accustomed  to 
make  and  verify  estimates  of  the  speed  of  moving 
objects.2  Thus  it  has  been  held  that  an  observer  may 
testify  as  to  his  estimate  of  the  rate  of  speed  of  a 
dummy  engine,3  an  electric  car,4  and  a  carriage  which 
of  course  specifically  covers  the  automobile.5  In  the 
case  of  Detroit,  etc,  R.  Co.  v.  Van  Steinburg,  17  Mich. 
99,  104,  it  is  said:  "Any  intelligent  man,  who  has 
been  accustomed  to  observe  moving  objects,  would  be 
able  to  express  an  opinion  of  some  value  upon  it  the 
first  time  he  ever  saw  a  train  in  motion.  The  opinion 
might  not  be  so  accurate  and  reliable  as  that  of  one 
who  had  been  accustomed  to  observe,  with  time-piece 
in  hand,  the  motion  of  an  object  of  such  size  and 
momentum;  but  this  would  only  go  to  the  weight  of 
the  testimony  and  not  to  its  admissibility."  It  may 
be  testified  that  the  automobile  was  going  at  a  certain 
estimate  of  speed  as  compared  to  other  modes  of 
motion ; 6  thus  a  witness  who  was  an  observer  may 
be  permitted  to  testify  that  the  machine  was  moving 
at  a  snail's  pace,  or  no  faster  than  a  man  walks,  or 

2.  Kansas,  etc.,  R.  R.  Co.  v.  Crocker,  95  Ala.  412,  11  So.  Rep.  262; 
Louisville,  etc.,  R.  Co.  v.  Jones,  108  Ind.  551,  9  N.  E.  Rep.  476;  Detroit, 
etc.,  R.  Co.  v.  Steinburg,  17  Mich.  99. 

3.  Highland  Avenue,  etc.,  R.  Co.  v.  Sampson,  112  Ala.  425,  20  So.  Rep. 
566. 

4.  Eclaigton,  etc.,  R.  Co.  v.  Hunter,  6  App.  Cas.  (D.  C.)  287;  Potter 
v.  O'Donnell,  199  111.  119,  64  N.  E.  Rep.  1026;  Mertz  v.  Detroit  Electric 
R.  Co.,  125  Mich.  11,  83  N.  W.  Rep.  1036;  Mathieson  v.  Omaha  St.  R. 
Co.,  (Neb.  1902)  92  N.  W.  Rep.  639;  Fisher  v.  Union  R.  Co.,  86  N.  Y. 
App.  Div.  365,  83  N.  Y.  Supp.  694;  Toledo  Electric  St.  R.  Co.  v.  Westen- 
huber,  22  Ohio  Cir.  Ct.  Rep.  67,  12  Ohio  Cir.  Dec.  22;  Sears  v.  Seattle 
Consol.  St.  R.  Co.,  6  Wash.  227,  33  Pac.  Rep.  389;  Robinson  v.  Louis- 
ville R.  Co.,  112  Fed.  Rep.  484,  5  C.  C.  A.  357. 

5.  Brown  v.  Swanton,  69  Vt.  53,  37  Atl.  Rep.  280. 

6.  Kansas  City,  etc.,  R.  Co.  v.  Crocker,  95  Ala.  412,  11  So.  Rep.  262. 


Proof  of  Speed.  73 

faster  than  a  man  could  run.7  Testimony  that  the 
speed  was  dangerous,8  "very  fast,"9  "  fast," 10 
"high,"11  "reckless,"12  and  "  unusual  "18  is  ad- 
missible. Ignorance  of  the  witness  as  to  the  number 
of  feet  or  rods  in  a  mile  will  not  incapacitate  his  testi- 
mony. Thus  the  testimony  of  a  witness  who  estimates 
the  speed  of  an  automobile  at  a  certain  number  of 
miles  per  hour  will  not  be  struck  out  because,  on  cross- 
examination,  he  confesses  that  he  does  not  know  how 
many  feet  or  rods  there  are  in  a  mile.14 

§  3.  Qualifications  of  observers. 

It  has  been  held,  and  it  is  probably  the  correct  view, 
that  an  observer  of  a  passing  object  in  order  to  testify 
as  to  its  speed  must  qualify  to  the  extent  of  showing  a 
measure  of  experience  and  observation  which  will 
make  his  opinion  fairly  reliable.  As  said  before,  the 
evidence  of  some  parties,  it  would  seem,  could  not  be 
admissible  on  the  speed  of  an  automobile.  Clearly 
one  not  in  possession  of  the  necessary  faculties  could 
not  testify.15  It  has  been  laid  down  that  observation 
and  knowledge  of  time  and  distance  are  all  that  are 


7.  Kansas  City,  etc.,  R.  Co.  v.  Crocker,  95  Ala.  412,  11  So.  Rep.  2*12. 

8.  Lockhart   v.   Litchtenthaler,   46   Pa.    St.    151.      But    see   Alabama 
Great  Southern  R.  Co.  v.  Hall.  105  Ala.  599,  17  So.  Rep.  17(i. 

9.  Johnson  v.  Oakland,  etc.,  Electric  R.  Co.,  127  Cal.  608,  60  Pac.  Rep. 
170. 

10.  Illinois  Cent.  R.  Co.  v.  Ashline,  171  111.  313,  40  N.  E.  Rep.  521. 

11.  Black  v.  Burlington,  etc.,  R.  Co.,  38  Iowa  515. 

12.  Galveston,  etc.,  R.  Co.  v.  Wesch,   (Tex.  Civ.  App.  1893)   21  S.  W. 
Rep.  62. 

13.  Johnsen  v.  Oakland,  etc.,  Electric  R.  Co.,   127  Cal.  608,  60  Pac. 
Rep.  170. 

14.  Ward  v.  Chicago,  etc.,  R.  Co.,  85  Wis.  601.  55  X.  W.  Rep.  771. 

15.  Grand  Rapids,  etc.,  R.  R.  Co.  v.  Huntley,  38  Mich.  537. 


74  The  Law  of  Automobiles. 

necessary  to  an  inference.16  As  additional  require- 
ments sound  mind  and  judgment  have  been  sug- 
gested.17 Of  course  one  who  has  timed  automobiles 
is  a  competent  witness.18 

§  4.  Weight  of  evidence. 

The  testimony  of  an  observer  of  a  passing  auto- 
mobile that  the  machine  was  running  "  fast  "  or 
"  slow  "  cannot,  it  is  said,  be  excluded  merely  because 
of  its  indefiniteness.19  On  the  other  hand,  it  has  been 
declared  that  such  testimony  "  is  altogether  too  un- 
certain for  judicial  action,  and  most  especially  so 
when  there  was  no  collision."20  It  was  observed  by 
Chief  Justice  Campbell  in  Grand  Rapids,  etc.,  R.  R. 
Co.  v.  Huntley,  38  Mich.  540,  that  "  opinions  on  rela- 
tive speed  without  some  standard  of  rapidity  are  of 
no  value  by  themselves." 

§  5.  Incorrect  estimates. 

Where  an  estimate  is  made  by  a  witness  as  to  the 
speed  of  a  passing  automobile,  the  facts  should  be 
stated  upon  which  the  estimate  is  made,21  and  in  order 
to  give  his  testimony  any  value  it  should  be  shown 
that  the  witness  had  adequate  facilities  for  observing 
the  automobile's  movement.22  Thus  it  has  been  held 
that  passengers  riding  on  a  train  are  not  competent 
to   estimate   from  observation   the   rate   of   speed   at 

16.  Chicago,  etc.,  R.  Co.  v.  Gunderson,  174  111.  495,  51  N.  E.  Rep.  708. 

17.  Chicago,  etc.,  R.  Co.  v.  Clark,  26  Neb.  645,  42  N.  W.  Rep.  703. 

18.  Thomas  v.  Chicago,  etc.,  R.  Co.,  86  Mich.  496.  49  N.  W.  Rep.  547. 

19.  Illinois  Cent.  R.  R.  Co.  v.  Ashline,  171  111.  313.  49  N.  E.  Rep.  521. 

20.  Yuigst  v.  Lebanon,  etc.,  R.  R.  Co.,  167  Pa.  St.  438,  31  Atl.  Rep. 
687,  per  Green,  J. 

21.  Union  Pac.  R.  Co.  v.  Ruyicka,  65  Neb.  621,  91  N.  W.  Rep.  543. 

22.  Muth  v.  St.  Louis,  etc.,  R.  Co.,  87  Mo.  App.  422. 


Proof  of  Speed.  i  5 

which  the  train  traveled.23  But  such  evidence  has 
been  admitted.1'4  It  should  also  be  shown .  that  the 
facilities  for  observing  the  speed  were  improved  by 
the  witness.25 

§  6.  Imagination. 

The  imagination  is  likely  to  deceive  a  party  as  to 
the  speed  of  an  automobile.  For  example,  a  pedes- 
trian crossing  a  street  would  be  quite  likely  to 
erroneously  estimate  the  speed  of  an  approaching 
automobile,  and  if  run  down  by  it,  he  would  easily 
imagine  that  its  speed  was  suddenly  increased,  or  that 
it  had  been  in  no  degree  slackened.26 

§  7.  Line  of  vision. 

The  line  of  vision  is  a  matter  of  great  importance  in 
determining  the  speed  of  a  passing  object.  It  would 
be  impossible  for  an  observer  directly  facing  an  auto- 
mobile, approaching  him  in  a  straight  course,  to  esti- 
mate its  speed  with  a  degree  of  accuracy  anywhere 
near  the  precision  he  could  attain  if  his  line  of  vision 
was  transverse  to  the  direction  in  which  the  machine 
was  moving.  So,  also,  it  would  be  almost  impossible 
to  give  a  correct  estimate  of  the  speed  where  the  auto- 

23.  Grand  Rapids,  etc.,  R.  Co.  v.  Huntley,  38  Mich.  537,  31  Am.  Rep. 
321. 

24.  Johnson  v.  Oakland,  etc..  Electric  R.  Co.,  127  Cal.  60S,  60  Pac. 
Rep.  170:  Galveston,  etc.,  R.  Co.  v.  Wesch,  (Tex.  Civ.  App.  1893)  21 
S.  W.  Rep.  62. 

25.  Mathieson  v.  Omaha  St.  R.  Co..  3  Neb.  (Unoff.)  743.  92  X.  W. 
Rep.  639. 

26.  See  remarks  of  Collins,  J.,  in  an  analogous  case.  Schmidt  v. 
New  Jersey  Street  R.  R.  Co.,  4!)  Atl.  Rep.  438,  and  Dean.  J.,  in  Gangawer 
v.  Phila.,  etc.,  R.  Co.,  168  Pa.  St.  265,  32  Atl.  Hep.  21. 


76  The  Law  of  Automobiles. 

mobile  is  traveling  in  a  direct  line  away  from  the 
observer.27 

§  8.  Time  consumed. 

The  duration  of  time  is  a  matter  of  fact  which  con- 
cededly  a  witness  may  state  in  the  form  of  an  esti- 
mate, but  when  a  witness  gives  his  estimate  of  the 
time  consumed  by  the  automobile  in  passing  from  one 
point  to  another,  and  the  distance  between  the  points 
is  ascertained  by  measurement,  the  testimony  is  not 
of  much  weight.  No  experienced  judge  leans  upon  a 
witness'  estimate  of  a  short  period  of  time  further 
than  to  believe  that  it  was  a  brief  period.  Cases  on 
this  point  are  numerous  and  emphatic.  "  Nothing  is 
more  uncertain  or  unreliable  than  the  testimony  of 
witnesses  as  to  the  time  occupied  in  a  transaction  " 
said  Vice-Chancellor  Green  in  McGrail  v.  McGrail,  48 
N.  J.  Eq.  532,  22  Atl.  Rep.  582.  "  There  is  no  matter 
upon  which  witnesses  are  so  likely  to  be  mistaken  as  a 
question  of  time,"  said  Bruce,  J.,  in  The  Wega,  Prob. 
Div.  [1895]  156,  159.  "  People  differ  widely  as  to  the 
estimation  of  passing  time  —  particularly  is  this  so 
in  naming  minutes  or  seconds  that  may  be  thought  to 
expire  on  any  particular  occasion,"  said  Gill,  J.,  in 
Culberson  v.  Chicago,  etc.,  R.  Co.,  50  Mo.  App.  556,  562. 

§  9.  Noise. 

The  noise  produced  by  an  automobile  would  be  apt 
to  deceive  a  party  in  his  estimation  of  the  automobile's 
speed,  since  at  very  slow  speeds,  and  even  where  there 
is  no  motion  of  the  vehicle  at  all,  there  are  times  when 

27.  See  Huntress  v.  Boston,  etc.,  R.  R.  Co.,  66  N.  H.  185,  34  Atl.  Rep. 
154;  Colo.,  etc.,  R.  R.  Co.  v.  Robbins,  71  Pac.  Rep.  871;  Munster  v. 
Chicago,  etc.,  R.  Co.,  61  Wis.  325,  50  Am.  Rep.  141. 


Proof  of  Speed.  77 

the  motor  runs  very  fast.  This  naturally  would  lead 
one  to  believe,  if  depending  upon  sound  a.lone,  that 
the  automobile  was  actually  traveling  at  a  rate  of 
speed  which  the  motor  could  produce  with  the  same 
noise.  The  unreliability  of  testimony  founded  in  any 
way  upon  the  noise  produced  needs  no  further  argu- 
ment to  stamp  such  evidence  as  almost  worthless.  As 
bearing  on  this  subject  it  has  been  held  that  a  person 
was  not  competent  to  express  an  opinion  as  to  the 
speed  of  a  car,  founded  upon  the  noise  when  at  a 
distance  of  more  than  one  hundred  and  twenty  feet, 
on  a  mere  showing  that  the  witness  had  for  twenty 
years  the  common  experience  of  a  city  man  traveling 
on  street  cars.28  Of  course  speed  may  be  judged  from 
hearing  rather  than  from  sight.29 

§  10.  Facts  incompatible  with  estimates. 

Where  the  facts  show  a  conflict  between  an  ob- 
server's estimate  of  the  automobile's  speed,  the  facts 
control.  Estimates  of  speed,  as  in  cases  of  all  other 
kinds  of  "  opinion  "  evidence,  must  give  way  to  testi- 
mony of  cold  matters  of  fact  and  legitimate  inferences 
therefrom.30  Take  an  example  where  testimony  to 
a  high  degree  of  speed  is  incompatible  with  the  proved 
facts  that  the  machine  was  stopped  within  a  few  feet, 
or  a  short  distance,  the  latter  evidence  must  prevail.31 

28.  Campbell  v.  St.  Louis,  etc.,  R.  Co.,  175  Mo.  101,  75  S.  W.  Rep. 
86.  See  also  Robinson  v.  Louisville  R.  Co.,  112  Fed.  Rep.  484,  50  C.  C.  A. 
357. 

29.  Van  Horn  v.  Burlington,  etc.,  R.  Co.,  59  Iowa  33,  12  N.  W.  Rep. 
752;  Missouri  Pac.  R.  Co.  v.  Hilrlerbrand,  52  Kan.  284,  34  Pac.  738. 

30.  Muster  v.  Chicago,  etc.,  R.  Co.,  61  Wis.  325,  50  Am.  Rep.  141; 
Retterstrom  v.  Brainsford,  etc.,  R.  Co.,  94  N.  W.  Rep.  882. 

31.  Graham  v.  Consol.  T.  Co.,  54  N.  J.  Law  10,  44  Atl.  Rep.  964; 
Volger  v.  Central,  etc.,  R.  Co.,  83  N.  Y.  App.  Div.  101,  82  N.  Y.  Supp. 
485. 


78  The  Law  of  Automobiles. 

Undoubtedly  the  converse  proposition  is  also  true  that 
an  estimate  of  the  low  rate  of  speed  must  be  over- 
ruled by  indubitable  proof  of  facts  reconcilable  only 
with  high  speed,  such  as  the  force  of  the  impact  of  a 
machine  (Brenan  v.  Metropolitan  St.  R.  Co.,  60  N.  Y. 
App.  Div.  264,  69  N.  Y.  Supp.  1025),  or  the  con- 
siderable distance  traversed  by  the  machine  despite 
efforts  to  bring  it  to  a  standstill.32 

§  11.  Distance. 

An  estimate  of  speed  necessarily  involves  an  esti- 
mate of  distance  where  it  is  sought  to  determine  the 
mathematical  rate  of  speed.  However,  estimates  of 
distance  are  perhaps  even  less  trustworthy,  in  point 
of  absolute  accuracy,  than  estimates  of  speed.  In 
Zolpher  v.  Camden,  etc.,  R.  Co.,  55  Atl.  Rep.  249,  esti- 
mates of  various  witnesses  ranged  all  the  way  from 
three  feet  to  forty  feet,  and  in  Cannon  v.  Pittsburg, 
etc.,  B.  T.  Co.,  195  Pa.  St.  159,  44  Atl.  Rep.  1089,  the 
extreme  estimates  were  sixty  feet  and  one  hundred  and 
forty  feet. 

§  12.  Speed  at  one  place  inadmissible  as  to  speed  at  another. 

Is  testimony  to  speed  of  a  machine  at  one  place  ad- 
missible on  the  question  of  speed  in  another  place  on 
the  same  road?  It  is  safe  to  say  that  ordinarily  it 
would  not  be  relevant.  If,  however,  it  were  conceded 
—  by  the  chauffeur,  for  instance  —  that  the  speed  had 
not  been  accelerated  or  diminished,  as  the  case  may  be, 
between  the  two  points,  such  testimony  would  be 
clearly  admissible.33 

32.  Railroad  Co.  v.  Bordenchecker,  70  N.  E.  Rep.  995:  Zolpher  v. 
Camden,  etc.,  R.  Co.,  55  Atl.  Rep.  249;  Hoppe  v.  Chicago,  etc.,  R.  Co.,  61 
Wis.  357. 

33.  Louisville,  etc.,  R.  Co.  v.  Jones,  108  Ind.  551,  9  N.  E.  Rep.  476. 


Proof  of  Speed.  79 

§  13.  Effect  of  bias. 

Bias  of  witnesses  is  one  of  the  most  post  Herons 
factors  with  which  courts  have  to  deal  in  weighing 
testimony.  Where  it  is  sought  to  prove  thai  an  auto- 
mobile was  running  at  an  unreasonable  spec*!,  or  al 
a  speed  prohibited  by  statute  or  ordinance,  it  is  highly 
probable  that  witnesses  who  voluntarily  testify 
against  the  motorist  will  be  biased,  considering  the 
present  state  of  public  opinion  in  some  localities. 
Courts  frequently  take  judicial  notice  of  prejudice 
that  usually  exists  against  corporations,  and  it  may 
be  presumed  that  they  would  take  like  cognizance  of 
the  animosity  against  automobilists.  At  any  rate  the 
partisanship  of  witnesses  testifying  to  excessive  rates 
of  speed  is  likely  to  crop  out  in  their  testimony  so  as 
to  justify  the  trier  of  fact  in  putting  them  in  the 
category  of  biased  witnesses.  Now,  what  is  the  rule 
in  weighing  the  testimony  of  such  witnesses?  So  far 
as  it  pertains  to  the  present  discussion  the  rule  is  this: 
In  matters  of  opinion  the  witness  is  to  be  distrusted.34 
The  term  opinion  includes  estimates  of  time,  distance, 
speed,  etc.  In  practice  judges  should  give  very  little 
weight  to  the  opinions  of  biased  witnesses;  for  besides 
the  unconscious  operation  of  bias  in  warping  the  judg- 
ment of  an  honest  witness,  an  effect  universally  con- 
ceded, bias  may  readily  have  a  more  sinister  influence 
in  view  of  the  fact  that  it  is  virtually  impossible  to 
obtain  a  conviction  for  perjury  in  falsely  testifying 
to  an  opinion.  Bias  of  a  witness,  which  we  have  al- 
ready noticed,  when  he  speaks  of  minutes  or  seconds 
not  measured  by  a  timepiece,  is  always  certain  to  per- 

34.  Loekwood   v.   Lockwood,   2   Curt.   Eccl.   281,   28!).   i>cr   Dr.   Lush- 
intrton. 


80  The  Law  of  Automobiles. 

turb  his  judgment.  Ridge  v.  Penn.  R.  R.  Co.,  58  N.  J. 
Eq.  172,  43  Atl.  Rep.  275,  furnishes  an  excellent  illus- 
tration. There  an  injunction  was  sought  against  a 
railroad  company  to  restrain  it  from  maintaining  a 
nuisance  at  a  city  crossing  by  suffering  its  freight 
trains  to  block  the  highway  for  an  unreasonable  time. 
Many  witnesses  on  each  side  testified  to  the  length  of 
time  which  they  were  compelled  to  wait  on  various 
occasions.  One  witness  swore  by  his  watch.  That 
was  very  good  evidence.  Vice-Chancellor  Reed  inti- 
mated that  other  witnesses  in  the  service  of  the  com- 
pany or  related  to  some  one  in  such  service  would  be 
disposed  to  overlook  any  discomfort  from  obstruction 
by  trains  and  would  underestimate  the  delay.  On  the 
other  side,  angry  pedestrians  who  were  in  a  hurry  to 
get  to  their  business  or  other  destination  would 
exaggerate  the  time  of  waiting. 

§  14.  Burden  of  proof. 

But,  it  may  be  replied,  if  witnesses  are  biased  in 
favor  of  the  prosecution,  it  is  also  certain  that  the 
chauffeur  or  occupants  of  the  automobile  are  de- 
cidedly interested  in  their  own  behalf,  and  that  their 
testimony  is  equally  unreliable  —  that  all  are  "  in  the 
same  boat,"  as  the  phrase  goes.  This  may  be  con- 
ceded. The  burden  of  proof,  however,  is  on  the  prose- 
cution, and  if  it  can  do  no  better  than  to  leave  the 
evidence  in  equipoise  —  if  it  cannot  produce  a  pre- 
ponderance of  credible  evidence,  or  proof  beyond  a 
reasonable  doubt,  as  is  required  for  a  conviction  in 
criminal  cases  —  then,  according  to  the  familiar  rule, 
the  prosecution  fails  to  establish  its  contention. 


Proof  of  Speed.  81 

§  15.  Summary  and  conclusion. 

The  conclusion  is  that  evidence  of  speecLconsisting 
of  mere  opinions  of  witnesses  is  very  unsatisfactory 
where  accurate  knowledge  is  essential,  especially  if 
the  witnesses  are  biased;  that  it  is  inferior  in  weight 
to  inferences  derived  from  significant  and  well-estab- 
lished facts;  and  that  the  best  evidence  is  the  testi- 
mony of  a  witness  who  noted  the  time  by  a  speed 
indicator,  or  by  a  stop  watch  on  a  measured  course. 
Where  the  speed  indicator  of  an  automobile  and  the 
stop  watch  of  an  officer  conflict  as  to  the  rate  of  speed, 
assuming  that  both  instruments  are  accurate,  it  would 
seem  that  the  speed  indicator  should  control  the 
determination  of  the  speed,  since  it  is  purely  mechan- 
ical and  involves  no  judgment,  while  the  stop  watch  is 
not  automatic  so  to  speak,  but  requires  action  on  the 
part  of  the  officer  and  some  judgment  in  using  the 
watch.35 

35.  A  statement  cannot  be  given  in  evidence  where  it  is  not  based 

upon  adequate  observation  and  capacity  for  co-ordination,  but  is  arrived 

at  merely  as  the  result  of  a  mathematical  calculation  made  after  the 

event.    Mathieson  v.  Omaha  St.  R.  Co.,  (Neb.  1903)  97  N.  W.  Rep.  243. 

6 


CHAPTER  VIII 

THE  GARAGE  AND  GARAGE  KEEPER. 

Sec.  1.  Garage  defined. 

2.  Garage  not  a  nuisance. 

3.  Status  of  garage  keeper. 

4.  Garage  keeper's  rights. 

5.  Liabilities  of  garage  keeper. 

6.  Keeping  and  selling  gasolene. 

§  1.  Garage  defined. 

The  garage  has  been  defined  as  the  modern  sub- 
stitute for  the  ancient  livery  stable.1 

§  2.  Garage  not  a  nuisance. 

It  has  been  held  that  a  garage  does  not  constitute  a 
public  nuisance..  An  automobile  station  or  garage 
constructed  on  land  abutting  on  a  boulevard  does  not 
constitute  a  common-law  nuisance.  Mr.  Justice 
Woodward,  of  the  Appellate  Division  of  the  Supreme 
Court  of  New  York,  declared  that  the  business  of  a 
garage  keeper  "  appears  perfectly  lawful  and  legiti- 
mate." 2 

§  3.  Status  of  garage  keeper. 

One  who  receives  the  property  of  another  for  the 
purpose  of  taking  care  of  it  is,  in  law,  termed  a 
"  bailee."  The  keeper  of  a  garage  is  a  bailee  for 
hire.     With  him  is  deposited  personal  property  —  the 

1.  Smith  v.  O'Brien,  46  N.  Y.  Misc.  Rep.  325,  94  N.  Y.  Supp.  673. 

2.  Stein  v.  Lyon,  91  N.  Y.  App.  Div.  593. 

[82] 


The  Garage  and  Garage  Keeper.  83 

automobile  —  for  safe  keeping,  for  which  he  is  paid 
a  consideration.  The  legal  relation  established  be- 
tween the  owner  of  the  automobile  and  the  keeper  is 
that  of  bailor  and  bailee.  The  relation  is  a  well- 
established  one  in  the  law,  and  from  it  flow  many  im- 
portant rights  and  responsibilities. 

§  4.  Garage  keeper's  rights. 

Of  the  garage  keeper's  rights  there  have  been  some 
interesting  questions  raised  in  recent  litigation.  Of 
course,  he  is  entitled  to  receive  from  the  owner  of  the 
automobile  the  agreed  price  for  storage.  But  has  the 
keeper  any  way  of  enforcing  his  right  to  compensation 
other  than  a  right  of  action  which  may  be  had  for  any 
breach  of  contract,  such,  for  example,  as  retaining 
possession  of  the  automobile  under  the  claim  of  a  lien? 
This  is  the  question  which  was  raised  in  a  recent  case 
in  New  York  (Smith  v.  O'Brien,  46  N.  Y.  Misc.  Rep. 
325,  94  N.  Y.  Supp.  673),  wherein  it  was  decided  that 
where  an  automobile  is  kept  at  a  garage,  but  which  is 
used  by  the  owner  so  that  the  garage  keeper's  posses- 
sion is  not  continuous,  but  is  broken  by  the  owner 
using  the  automobile  at  pleasure,  the  keeper  has  no 
lien  for  his  charges,  and  cannot  retain  the  possession 
of  the  machine  to  enforce  payment.  Under  similar 
facts,  this  decision  would  probably  be  followed  in 
other  states  where  the  common-law  doctrines  are  ad- 
ministered, since  no  lien  can  be  had  by  any  bailee 
where  the  bailee  does  not  have  and  control  the  posses- 
sion of  the  property  delivered  to  his  care.  A  sur- 
render of  possession  surrenders  the  right  to  a  lien. 
The  credit,  in  such  a  case,  is  supposed  to  have  been 
furnished  on  the  bailor's  personal  responsibility  only, 
and  no  recourse  against  the  property  bailed  is  sup- 


84  The  Law  of  Automobiles. 

posed  to  have  been  contemplated.  Where,  however, 
continued  unbroken  possession  is  had  by  the  garage 
keeper  he  is,  like  the  warehouseman  and  wharfinger, 
under  the  common  law  and  the  various  statutory  pro- 
visions of  the  states,  entitled  to  retain  the  property 
for  his  charges.  Independently  of  a  statutory  pro- 
vision giving  a  lien,  if  the  garage  keeper  wishes  to 
secure  a  lien  where  the  machine  is  used  by  the  owner, 
he  should  stipulate  for  the  right  to  retain  possession 
of  the  automobile  in  case  of  nonpayment  of  charges. 

§  5.  liabilities  of  garage  keeper. 

From  the  definition  of  a  garage  one  would  natu- 
rally suppose  that  the  garage  keeper's  status  would  be 
similar  to  that  of  the  keeper  of  a  livery  stable,  and 
that  the  rights  and  liabilities  of  both  these  parties 
would,  in  many  respects,  be  similar.  Such  a  sup- 
position is,  independently  of  statute,  substantially 
correct.  The  liabilities  of  the  garage  keeper  depend 
upon  his  care  of  the  automobile  while  it  is  in  his 
custody.  He  is  bound  to  exercise  reasonable  care  and 
prudence  in  keeping  the  machine  in  a  safe  manner,  and 
must  furnish  reasonably  safe  accommodations.  Any 
damage  caused  to  the  machine  while  in  his  custody, 
resulting  from  the  lack  of  reasonable  diligence  and 
care,  renders  the  garage  keeper  liable  for  whatever 
injuries  the  machine  may  have  sustained.  The  failure 
to  exercise  due  care  constitutes  a  breach  of  the  con- 
tract of  bailment. 

§  6.  Keeping  and  selling  gasolene. 

The  commissioners  of  the  District  of  Columbia  had 
the  power,  under  the  authority  of  the  Act  of  Congress 
of  January  26,  1887,  to  make  and  enforce  a  regulation 


The  Garage  and  Garage  Keeper.  85 

requiring  a  license  for  the  storage  of  gasolene  in  the 
eity  of  Washington.  That  portion  of  section  3«of  the 
regulations  promulgated  by  the  commissioners  of  the 
District  of  Columbia,  under  the  authority  of  the  Act  of 
Congress  of  January  26,  1887,  requiring  every  person 
storing  gasolene  in  the  city  of  Washington  to  take  out 
a  license,  which  requires  every  such  application  to  be 
referred  to  the  inspectors  of  buildings  and  the  chief 
engineer  of  the  fire  department  for  examination  of  the 
building  described  in  the  application,  who  shall  trans- 
mit the  application  with  the  recommendation  to  the 
assessor  of  the  district,  who  shall,  if  such  officials 
recommend,  issue  a  license  unless  otherwise  ordered 
by  the  commissioners,  is  not  void  as  an  unauthorized 
delegation  of  the  powers  conferred  upon  the  commis- 
sioners; it  not  being  a  delegation  of  their  authority  to 
commit  to  the  expert  agents  named,  a  duty  to  ascertain 
and  report  information  important  to  the  exercise  of 
their  power  to  issue  the  license,  the  propriety  of  which 
issue  must  depend  upon  the  character  and  surround- 
ings of  the  building  occupied.  The  word  "  recom- 
mendation "  in  the  regulation  is  used  in  the  sense  of 
report.3  Section  3  of  article  3  of  the  police  regula- 
tions of  the  District  of  Columbia  prohibiting  the  stor- 
age or  keeping  for  sale  of  inflammable  oils,  etc., 
without  license,  and  prescribing  the  conditions  under 
which  such  license  shall  be  granted,  was  held  to  be 
valid  in  Cahill  v.  District  of  Columbia,  23  Wash.  L. 
Rep.  759,  wherein  it  was  also  held  that  the  evidence 
in  a  prosecution  in  the  police  court  upon  an  informa- 
tion charging  the  plaintiffs  in  error,  proprietors  of  an 

3.  District  of  Columbia   v.   Weston.  2:5  App.  Div.    ( D.   C.)    363,  dis- 
tinguishing United  State3  v.  Ross,  5  App.  Cas.  (D.  C.)  241. 


86  The  Law  of  Automobiles. 

automobile  garage,  with  having  in  store  and  keeping 
for  sale  gasolene,  without  having  first  obtained  a 
license,  was  sufficient  to  support  a  finding  that  de- 
fendants were  guilty,  and  judgment  was  affirmed. 
An  information  in  the  police  court  against  the  pro- 
prietor of  an  automobile  storage  and  repair  house, 
charging  him  with  storage  and  keeping  gasolene  for 
sale  without  a  license,  is  not  supported  by  evidence 
which  shows  that  the  defendant  had  a  license  to  con- 
duct such  a  business  but  had  been  refused  a  special 
license  for  the  storage  and  sale  of  gasolene  on  the 
premises ;  that  he  did  not  have  a  permit  to  store  gaso- 
lene in  an  undergroimd  tank  half  a  block  from  his 
establishment;  that  from  time  to  time  each  day  as 
needed  he  procured  gasolene  from  such  tank  for  the 
supply  of  automobiles  in  his  establishment,  which  re- 
mained therein  from  ten  minutes  to  an  hour  awaiting 
the  arrival  of  their  owners,  who  had  ordered  them 
made  ready  for  use;  there  being  nothing  in  such  evi- 
dence from  which  the  sale  of  gasolene  could  be  in- 
f  erred  and  nothing  to  show  that  it  was  stored  upon  the 
premises  within  the  meaning  of  the  regulation.4 

4.  Weston  v.  District  of  Columbia,  23  App.  Cas.   (D.  C.)   367. 


CHAPTER  IX. 

THE     HIRE     OF     AUTOMOBILES. 

Sec.     1.  General  considerations. 

2.  Ordinary  care  of  hirer. 

3.  Liability  for  servant's  acts. 

4.  Unlawful  acts  committed  by  third  parties. 

5.  Unlawful  sale  by  hirer. 

6.  Duties  and  rights  of  owner. 

7.  Keeping  in  repair. 

8.  Rights  of  hirer. 

9.  Duties  of  hirer. 

10.  Termination  of  hiring. 

11.  Surrender  and  return  of  automobile. 

12.  Compensation  for  hire. 

§  1.  General  considerations. 

The  hiring  of  an  automobile  from  the  owner  creates 
in  law  a  form  of  bailment  known  as  locatio  rei.  Where 
the  owner  of  personal  property  lets  it  to  another 
party,  who  is  to  pay  for  the  use  of  it,  the  contract  is 
for  their  mutual  benefit,  which  fact  is  important  in 
determining  the  rights  and  liabilities  of  the  parties.1 

1.  Parsons  on  Contracts,  vol.  2.   (9th  ed.)    134. 

According  to  the  foreign  and  Roman  law,  the  letter,  in  virtue  of  the 
contract,  impliedly  engages  to  allow  to  the  hirer  the  full  use  and  enjoy- 
ment of  the  thing  hired,  and  to  fulfil  all  his  own  engagements  and  trusts 
in  respect  to  it,  according  to  the  original  intention  of  the  parties: 
"  Prrrstrce,  frui  licere,  uti  licere."  This  implies  an  obligation  to  deliver 
the  thing  to  the  hirer;  to  refrain  from  every  obstruction  to  the  use  of  it 
by  the  hirer  during  the  period  of  the  bailment;  to  do  no  act  which  shall 
deprive  the  hirer  of  the  thing:  to  warrant  the  title  and  right  of  posses- 
sion to  the  hirer,  in  order  to  enable  him  to  use  the  thing,  or  to  perform 
the  service;  to  keep  the  thing  in  suitable  order  and  repair  for  the  pur- 

[87] 


88  The  Law  of  Automobiles. 

§  2.  Ordinary  care  of  hirer. 

A  party  who  hires  an  automobile  from  another  is 
bound  only  to  take  ordinary  care  of  the  machine  and 
is  not  responsible  for  damage  inflicted  to  the  auto- 
mobile if  ordinary  prudence  has  been  exercised  while 
the  machine  was  in  his  custody  as  a  bailee.2 

The  degree  of  care,  of  course,  which  the  hirer  of  an 
automobile  should  exercise  would  depend  upon  all  the 
facts  and  circumstances  of  the  case,  but  still  it  is  only 
ordinary  care  as  the  law  defines  this  term  which  is 
necessary  to  be  exercised.  The  hirer  is  bound  to 
render  such  care  in  the  case  as  the  owner  has  a  right 
to  expect  that  a  man  of  ordinary  capacity  and  caution 
would  take  of  the  automobile,  if  it  were  his  own  under 
the  same  circumstances.3 

§  3.  Liability  for  servant's  acts. 

Where  an  automobile  is  hired,  the  bailee,  the  hirer, 
is  responsible  for  the  negligence  of  his  servant  the 
chauffeur,  provided  that  the  negligence  took  place 
when  the  chauffeur  was  in  the  discharge  of  his  duty,  or 
obeying  the  commands  or  instructions  of  the  master, 
the  owner,  express  of  implied.4 

When  not  acting  within  the  authority  of  the  employ- 
ment, the  owner  would  not  be  responsible  for  an  injury 
to  the  automobile  committed  by  the  chauffeur  as  a 

poses  of  the  bailment ;  and,  finally,  to  warrant  the  thing  free  from  any 
fault,  inconsistent  with  the  proper  use  or  enjoyment  of  it.  These  are 
the  main  obligations  deduced  by  Pothier  from  the  nature  of  contract; 
and  they  seem  generally  founded  in  unexceptionable  reasoning.  Story  on 
Bailments,  p.  317. 

2.  Parsons  on  Contracts,  vol.  II.,   (9th  ed.)    134,  135. 

3.  Parsons  on  Contracts,  vol.  II.,    (9th  ed.)    135. 

4.  Parsons  on  Contracts,  vol.  II.,   (9th  ed.)    136. 


The  Heee  of  Automobiles.  89 

result  of  his  own  willful  malice,  in  which  the  master 
took  no  part/' 

§  4.  Unlawful  acts  committed  by  third  parties. 

If  an  automobile  is  lost  through  theft,  or  is  injured 
as  a  result  of  violence,  the  hirer  is  only  answerable 
when  imprudence  or  negligence  caused  or  facilitated 
the  injurious  act.6  However,  where  an  automobile 
which  is  hired  out  is  lost  or  injured,  the  hirer  is  bound 
to  account  for  such  loss  or  injury.  When  this  is  done, 
the  proof  of  negligence  or  want  of  due  care  is  thrown 
upon  the  bailor,  and  the  hirer  is  not  bound  to  prove 
affirmatively  that  he  used  reasonable  care.7 

§  5.  Unlawful  sale  by  hirer. 

If  the  hirer  of  an  automobile  should  sell  it  without 
authority  to  a  third  party  the  owner  or  bailor  may 
institute  an  action  of  trover  against  even  a  bona  fide 
purchaser,  one  who  purchases  the  machine  innocently 
believing  that  the  hirer  had  the  title  and  power  to  sell.8 

§  6.  Duties  and  rights  of  owner. 

The  owner  of  the  automobile,  or  the  party  letting  it 
out,  is  obliged  to  deliver  the  automobile  hired  in  a  con- 
dition to  be  used  as  contemplated  by  the  parties;  nor 
may  the  owner  interfere  with  the  hirer's  use  of  the 
automobile  while  the  hirer's  interest  is  in  it,  or  right 
in  it  continues.  Even  if  the  hirer  abuses  the  auto- 
mobile, although  the  owner  may  then,  as  it  is  said, 
repossess  himself  of  his  property,  if  he  can  do  so 

5.  Parsons  on  Contracts,  vol.  IT.,  (9th  ed.)  137. 

6.  Parsons  on  Contracts,  vol.  II.,  (9th  ed.)  138. 

7.  Parsons  on  Contracts,  vol.  II.,  (9th  ed.)  138. 

8.  Parsons  on  Contracts,  vol.  II.,  (9th  ed.)  138. 


90  The  Law  of  Automobiles. 

peaceably,  he  may  not  do  so  forcible,  but  must  bring 
an  action.  If  such  misuse  of  the  automobile  termi- 
nates the  original  contract  of  bailment  the  owner  may 
demand  the  automobile,  and,  on  refusal,  bring  trover; 
or,  in  some  cases,  he  may  bring  the  action  of  trover 
without  demand.9 

§  7.  Keeping  in  repair. 

The  owner  of  an  automobile  who  lets  it  out  for  a 
term  should  keep  the  vehicle  in  good  order,  that  is,  in 
proper  condition  for  use ;  and  if  expenses  are  incurred 
by  the  hirer  for  this  purpose  the  owner  must  repay 
them.  There  is  some  uncertainty  on  this  point,  how- 
ever. The  true  principle  would  seem  to  be  that  the 
owner  is  not  bound  (unless  by  special  agreement,  ex- 
press or  implied  by  the  particular  circumstances)  to 
make  such  repairs  as  are  made  necessary  by  the 
natural  wear  and  tear  of  the  automobile  in  using,  or 
by  such  accidents  as  are  to  be  expected,  but  is  bound 
to  provide  that  the  automobile  be  in  good  condition 
to  last  during  the  time  for  which  it  is  hired,  if  that  can 
be  done  by  reasonable  care,  and  afterwards  is  liable 
only  for  such  repairs  as  are  made  necessary  by  un- 
expected causes.10 

§  8.  Rights  of  hirer. 

By  the  contract  of  hire,  the  hirer  of  the  automobile 
acquires  a  qualified  property  in  it  which  he  may  main- 
tain against  all  persons  except  the  owner,  and  against 
him  as  far  as  the  terms  and  conditions  of  the  contract, 
express  or  implied,  may  warrant.      During  the  time 

9.  Parsons  on  Contracts,  vol.  [I.,   (9th  ed. )    130.  140. 

10.  Parsons  on  Contracts,  vol.  II.,   (9th  ed.)   140.  141. 


The  Hire  of  Automobiles.  91 

for  which  the  hirer  is  entitled  to  the  use  of  the  auto- 
mobile, the  owner  is  not  only  bound  not  to  <  List  ml)  him 
in  that  use,  but  if  the  hirer  returns  it  to  the  owner  for 
a  temporary  purpose,  he  is  bound  to  return  it  to  the 
hirer.11 

§  9.  Duties  of  hirer. 

There  is  an  implied  obligation  on  the  part  of  the 
hirer  to  use  the  automobile  only  for  the  purpose  and 
in  the  manner  for  which  it  was  hired.  If  the  auto- 
mobile is  used  in  a  different  way,  or  for  a  longer  time, 
the  hirer  may  be  responsible  for  a  loss  thence  accruing, 
although  by  inevitable  casualty.  In  general  the  hirer 
must  not  abuse  the  automobile,  but  where  during  mis- 
user the  machine  is  lost,  it  seems  that  trover  would  not 
lie,  unless  the  owner  can  show  that  the  loss  was  caused 
by  misuser.12 

§  10.  Termination  of  hiring. 

The  contract  for  the  hire  of  an  automobile  may  be 
terminated  by  the  expiration  of  the  time  for  which  the 
vehicle  was  hired,  or  by  the  act  of  either  party  within 
a  reasonable  time,  if  no  time  is  fixed  by  the  contract, 
as  by  the  agreement  of  both  parties  at  any  time;  or 
by  operation  of  law  if,  for  instance,  the  hirer  becomes 
the  owner  of  the  automobile,  or  by  the  destruction 
of  the  automobile.  If  it  is  destroyed  without  the  fault 
of  either  party,  before  any  use  of  it  by  the  hirer,  he 
has  nothing  to  pay;  if  after  some  use,  it  may  be 
doubted  how  far  the  aversion  of  the  law  of  apportion- 
ment would  prevent  the  owner  from  recovering  pro 

11.  Parsons  on  Contracts,  vol.   II.,   (9th  cd.)    142. 

12.  Parsons  on  Contracts,  vol.  II.,  (9th  ed.)   141,  142. 


92  The  Law  of  Automobiles. 

tanto;  probably,  however,  where  the  nature  of  the  case 
admitted  a  distinct  and  just  apportionment,  it  would 
be  applied.  Either  party  being  in  fault  would,  of 
course,  be  amenable  to  the  other.  The  contract  might 
wisely  provide  for  such  a  contingency  as  the  destruc- 
tion of  the  automobile  in  such  manner.13 

§  11.  Surrender  and  return  of  automobile. 

The  hirer  of  an  automobile  must  surrender  the 
machine  at  the  appointed  time,  and  if  no  time  is  speci- 
fied in  the  contract,  then  whenever  called  upon  after  a 
reasonable  time,  and  what  constitutes  a  reasonable 
time  is  to  be  determined  by  all  the  facts  ind  circum- 
stances of  each  particular  case.14 

§  12.  Compensation  or  price. 

The  party  letting  an  automobile  for  hire  acquires  an 
absolute  right  to,  and  property  in,  the  compensation 
due  for  the  vehicle  hired;  and  the  compensation  or 
price,  when  not  fixed  by  the  parties,  must  be  a  rea- 
sonable price,  to  be  determined  by  the  circumstances. 
Of  course,  where  a  definite  sum  is  stipulated,  the  sum 
agreed  upon  controls.15 

13.  Parsons  on  Contracts,  vol.  II.,   (9th  ed.)   143. 

14.  Parsons  on  Contracts,  vol.  II.,   (9th  ed.)    142. 

15.  Parsons  on  Contracts,  vol.  II.,  (9th  ed.)   143. 


CHAPTER  X. 

THE   CHAUFFEUR. 

Sec.  1.  Chauffeur  defined. 

2.  Origin  of  term. 

3.  Chauffeur's  status. 

4.  Liability  of  master  for  chauffeur's  acts. 

5.  Chauffeur  acting  contrary  to  authority. 

6.  Duties  of  chauffeur. 

7.  Amount  and  degree  of  care. 

8.  Rights  of  chauffeur. 

§  1.  Chauffeur  defined. 

The  term  chauffeur  means  one  who  manages  the 
running  of  an  automobile.1  The  term  in  legal  signifi- 
cance may  be  said  to  mean  any  person  operating  a 
motor  vehicle,  as  a  mechanic,  employee,  or  for  hire. 
This  is  the  definition  of  the  term  contained  in  the 
New  York  Motor  Car  Act  of  1903,  and  is  substantially 
the  same  in  some  other  jurisdictions. 

§  2.  Origin  of  term. 

A  chauffeur  was  a  member  of  the  bands  of  out- 
laws, during  the  reign  of  terror  in  France,  who 
roamed  over  the  northeastern  part  of  the  country 
under  the  lead  of  John  the  Skinner,  or  Schinderhaunes. 
They  garroted  men  and  women,  and  roasted  their  feet 
to  compel  them  to  disclose  hidden  treasure.  In  1803 
rigorous  measures  were  taken  which  resulted  in  their 
suppression.      With  the  increasing  use  of  the  auto- 

1.  Web.  Int.  Diet.,  Supp.,  p.  39. 

[93] 


94  The  Law  of  Automobiles. 

mobile  as  a  means  of  recreation  and  transportation, 
the  term  chauffeur  was  applied  to  the  driver  who 
operated  the  carriage  and  the  mechanic  who  was  car- 
ried to  look  after  the  machinery  and  fuel.  The  origin 
of  this  use  of  the  term  is  found  in  France,  where  auto- 
mobiling  first  found  favor  as  a  sport,  the  word 
chauffeur  being  there  employed  to  designate  a  fire- 
man or  stoker.2 

§  3.  Chauffeur's  status. 

The  legal  status,  duties,  and  responsibilities  of  the 
chauffeur  or  operator  of  a  motor  car  are  of  vital  in- 
terest, not  only  to  the  motorist,  but  to  all.  You  who 
employ  chauffeurs,  by  reason  of  employment,  have  in- 
terest at  stake.  Those  who  are  employed  as  chauffeurs 
have  not  only  serious  responsibilities  of  a  personal 
nature,  but  are,  to  a  great  extent,  the  guardians  of 
their  employer's  interests.  The  chauffeur  or  operator 
of  an  automobile  occupies  towards  his  employer  and 
the  public  a  serious  position,  one  which  compares 
favorably  in  the  necessity  for  prudence,  diligence,  and 
intelligence  with  that  of  the  railroad  engineer  or 
master  of  a  ship. 

§  4.  Liability  of  master  for  chauffeur's  acts. 

A  chauffeur  under  employment  is,  in  law,  a  servant, 
and  the  relation  existing  between  the  employer  and 
employed  is  that  of  master  and  servant.  From  this 
relation  many  rights  and  liabilities  flow.  The  general 
rule  that  the  master  is  liable  for  the  wrongful  in- 
jurious acts  of  the  servant  or  employee,  committed  in 
the  course  of  his  employment,  applies  in  the  operation 

2.  The  New  International  Encyclopedia,  vol.  IV.,  p.  427. 


The  Chauffeur.  95 

of  an  automobile  by  one  for  hire.  If  a  chauffeur  negli- 
gently, while  about  his  employer's  business, jjuis  down 
a  pedestrian,  who  is  in  the  exercise  of  due  care,  the 
employer  is  liable  in  damages  and  so  is  the  chauffeur. 
But  the  relation  of  master  and  servant  must  exist  at 
the  time  in  order  to  charge  the  master.3 

§  5.  Chauffeur  acting  contrary  to  authority. 

Where  a  chauffeur  uses  his  employer's  automobile 
for  his  own  personal  pleasure  and  contrary  to  author- 
ity, a  party  negligently  injured  by  the  car  cannot  hold 
the  employer  liable,  since  the  operator  of  the  vehicle 
was  not,  at  the  time,  acting  for  his  employer  and 
within  the  scope  of  his  employment;  however,  the 
chauffeur  is  liable  in  damages.  Thus,  it  has  been  held 
in  New  York  that  an  absent  owner  of  an  automobile 
was  not  liable  for  the  negligence  of  the  chauffeur  com- 
mitted at  a  time  when  he  was  not  engaged  in  the 
owner's  business.4  But  where  it  was  shown  that  the 
defendant  was  the  owner  of  an  automobile,  and  that 
the  operator  or  chauffeur  was  in  his  employment  for 
the  purpose  of  operating  the  machine,  it  was  held  that 
there  was  a  sufficient  prima  facie  showing  that  the 
chauffeur  at  the  time  of  the  collision  was  acting 
within  the  scope  of  his  employment.5      In  Collard  v. 

3.  See  Reynolds  v.  Buck.  (Iowa  1005)    103  N.  W.  Rep.  94G. 

It  is  the  rule  of  the  common  law  that  the  master  is  reponsible  for  the 
acts  of  the  servant  whom  ho  selects,  and  through  whom  in  legal  con- 
templation he  acts,  provided  that  the  particular  act  was  done  by  the 
servant  in  the  carrying  out  of  the  duty  given  to  him  by  his  master,  and 
for  the  purpose  of  doing  what  he  has  been  sent  out  to  do.  Fiero  on 
Torts,  p.  86. 

4.  Clark  v.  Buckmobile  Co.,  107  N.  Y.  App.  Div.  120;  Stewart  v. 
Baruch,  93  N.  Y.  Supp.  161. 

5.  Stewart  v.  Baruch,  93  N.  Y.  Supp.  161. 


96  The  Law  of  Automobiles. 

Beach,  81  N.  Y.  App.  Div.  582,  it  was  held  that  the 
court  erred  in  refusing  to  give  the  following  charge 
to  the  jury  as  requested:  "  If  the  jury  finds  either 
that  the  defendant  left  the  automobile  in  charge  of  his 
son  to  take  it  home,  or  in  charge  of  his  son  and  coach- 
man together  to  take  it  home,  or  in  charge  of  the 
coachman  alone,  and  the  coachman  neglected  his  duty 
in  that  regard  and  allowed  the  son  to  run  the  machine, 
and  by  the  negligence  of  the  son  the  accident  occurred, 
without  contributory  negligence  on  the  plaintiff's  part, 
then  in  either  case  the  defendant  is  responsible  and 
liable  for  that  negligence  and  its  consequences." 
Concerning  the  liability  of  the  owner  of  an  automobile 
for  the  acts  of  one  operating  the  machine  an  interest- 
ing case  arose  in  Iowa.  In  Reynolds  v.  Buck,  decided 
by  the  Supreme  Court  of  Iowa  in  June,  1905  (103  N. 
W.  Rep.  946),  it  appeared  that  the  defendant  who 
dealt  in  automobiles  decorated  one  for  use  in  a  parade, 
and  after  the  parade  directed  that  the  automobile 
which  stood  in  front  of  the  store  be  taken  inside,  and 
he  then  left.  His  son,  employed  by  the  defendant  as 
a  clerk,  and  who  had  been  given  a  holiday  that  day, 
coming  upon  the  machine  where  it  stood,  invited  a  lady 
friend  to  ride,  and  while  he  was  driving  plaintiff's 
horse  took  fright  at  the  machine,  whereby  plaintiff 
was  injured.  It  was  held  that  defendant  was  not 
liable,  even  conceding  the  son's  negligence.  The  court 
said:  ''At  the  time  of  the  accident  causing  the  plain- 
tiff's injuries  the  defendant  was  a  dealer  in  agricul- 
tural implements,  buggies,  automobiles,  etc.,  in  the 
city  of  Davenport,  and  his  son,  Emil  J.  Buck,  was  in 
his  employ  as  clerk.  There  was  an  automobile  parade 
in  the  city  of  Davenport  in  the  afternoon  of  the  day 
in  question,  and,  on  the  solicitation  of  the  committee 


Tite  Chauffeur.  97 

having  the  matter  in  charge,  the  defendant  decorated  as 
electric  automobile  belonging  to  him,  and  the  machine, 
operated  by  one  of  his  daughters,  had  a  place  in  the 
parade.  The  son,  Emil  J.,  who  had  been  employ-  !  in 
his  father's  establishment  for  some  time,  was  given  a 
lay-off  or  holiday  for  the  parade.  He  spent  the  fore- 
noon of  the  day  in  decorating  a  steam  automobile  that 
he  intended  to  use  in  the  parade,  and  in  the  afternoon, 
during  a  part  of  the  time  that  the  parade  was  in 
progress,  he  and  some  of  his  friends  used  the  steam 
machine  on  the  streets.  They  then  returned  it  to  the 
defendant's  place  of  business  and  left  it  on  the  prem- 
ises; and  soon  thereafter  the  son  and  his  companions, 
young  men  and  women,  went  to  the  river.  In  the 
meantime  the  parade  was  concluded,  and  the  electric 
machine  was  returned  to  the  defendant's  place  of  busi- 
ness by  the  daughter,  and  left  on  the  street  in  front 
of  the  store.  The  defendant  was  present  at  the  time 
and  directed  an  employee  to  take  it  in,  and  soon  there- 
after he  left  the  store.  A  short  time  after  the  de- 
fendant had  left  the  store  the  son,  Emil  J.,  and  a  young 
lady  friend  returned  thereto,  and  she,  desiring  to  go 
home  from  there,  accepted  his  invitation  to  ride  home 
in  the  automobile.  He  took  her  to  her  home  by  the 
nearest  route,  and  on  his  way  back  to  his  father's  store 
the  plaintiff's  horse  became  frightened  at  the  machine, 
and  the  accident  happened,  resulting  in  the  injury 
complained  of.  Conceding,  for  the  purpose  of  this 
appeal,  that  the  son  was  negligently  operating  the 
machine  at  the  time  of  the  accident,  was  such  negli- 
gence chargeable  to  the  defendant  under  the  evidence? 
We  are  clearly  of  the  opinion  that  it  was  not.  The  direct 
evidence  all  shows  that  his  use  of  the  electric  auto- 
mobile was  solely  for  the  pleasure  and  convenience  of 

7 


98  The  Law  of  Automobiles. 

the  young  lady  and  himself,  and  that  it  was  in  no  way 
or  sense  connected  with  his  employment  or  with  the 
defendant's  business.  The  mere  fact  that  the  auto- 
mobile still  wore  the  decorations,  and  that  it  might  on 
account  thereof  attract  attention  and  incidentally  ad- 
vertise the  defendant's  business,  would  not  have 
justified  the  jury  in  finding  that  the  son  was  about  his 
father's  business  at  the  time.  An  inference  so  far- 
fetched would  not  be  permitted  to  control  and  destroy 
direct  and  positive  evidence  to  the  contrary  (Meyer  v. 
Houck,  85  Iowa  319,  52  N.  W.  Rep.  235).  The  son  had 
been  given  a  holiday  and  was  master  of  his  own  time 
on  that  day.  This  is  conclusively  shown.  The  de- 
fendant had  ordered  the  machine  put  away,  and  did 
not  know  that  his  son  wished  or  intended  to  use  it.  It 
was  taken  and  used  for  the  son's  own  pleasure,  and  we 
think  the  verdict  was  properly  directed  for  the 
defendant. ' ' 

§  6.  Duties  of  chauffeur. 

The  careful  and  prudent  chauffeur  constantly 
should  have  in  mind  the  legal  significance  of  his  acts, 
especially  in  reference  to  their  effect  on  the  liability 
of  his  employer.  There  are  many  specific  precau- 
tions of  which  every  chauffeur  or  operator  of  an  auto- 
mobile should  have  knowledge  in  order  to  keep  him- 
self and  his  employer  within  the  bounds  of  freedom 
from  legal  liability.  First,  the  statutory  requirements 
or  precautions  of  the  state  wherein  the  machine  is 
run  should  be  known  and  obeyed.  The  provisions  in 
reference  to  lamps  when  running  at  night,  the  display- 
ment  of  numbers,  the  necessity  for  locking  the  ma- 
chine when  left  temporarily  in  the  street,  requirements 
pertaining  to  speed,  meeting  horses,  and  other  mat- 


The  Chauffeur.  99 

ters  should  be  so  familiar  that  correct  action  will  take 
place  automatically  and  without  taking  time  for  un- 
necessary thought.  The  statutory  requirements  arc 
not  all,  however,  that  the  prudent  automobile  operator 
must  understand.  The  courts  have  commenced  to  lay 
down  rules  in  reference  to  operating  motor  vehicles, 
and  these  are  as  binding  on  the  operator  as  the  legis- 
lative regulations.  Let  us  see  what  the  courts  have 
said.  For  example,  the  New  York  statute  provides 
that  a  person  operating  a  motor  vehicle  shall  at  re- 
quest or  on  signal  by  putting  up  the  hand,  from  a 
person  riding,  leading,  or  driving  a  restive  horse, 
bring  such  motor  vehicle  immediately  to  a  stop.  Sim- 
ilar provisions  exist  in  many  of  the  states  which  have 
enacted  automobile  legislation.  It  will  be  noticed 
that  the  autoist  is  required  to  stop  his  car  on  signal. 
There  is  no  necessity,  however,  for  the  giving  of  such  a 
signal  as  provided  by  statute.  The  motorist  is 
obliged  to  stop  even  if  no  signal  has  been  given  where 
his  machine  is  apparently  causing  danger.  The  duty 
to  stop  in  such  cases  is  independent  of  statute,  and  it 
has  been  expressly  so  held  by  the  Supreme  Court  of 
Illinois  and  other  courts.0  Knowledge  of  this  rule 
and  other  rules  which  have  been  promulgated  by  the 
courts  is  of  importance. 

§  7.  Amount  and  degree  of  care. 

The  amount  and  degree  of  care  which  the  operator 
of  an  automobile  should  exercise  depends  upon  the 
circumstances  of  each  particular  case,  including  the 
condition  of  the  road,  the  existence  or  nonexistence  of 

6.  Christie  v.  Elliott,  216  111.  31,  1  L.  R.  A.  (N.  S.)  124,  74  N.  E. 
Rep.  1035. 


100  The  Law  of  Automobiles. 

traffic,  and  other  facts.     Reasonable  care  must  be  exer- 
cised to  avoid  accidents.      More  than  ordinary  care 
must  be  exercised  when  children  are  met  in  the  street.7 
The  law,  however,  is  not  all  against  the  automobilist 
and  in  favor  of  other  parties.     The  motorist  also  has 
rights  which  must  be  respected.      If  he  has  complied 
with  the  law  his  rights  on  the  road  are  equal  to  the 
rights  of  other  parties.     He  has  the  right  to  assume, 
and  to  act  upon  the  assumption,  that  every  person 
whom  he  meets  will  also  exercise  the  ordinary  care 
and  caution  according  to  the  circumstances,  and  will 
not  negligently  or  recklessly  expose  himself  to  danger, 
but  rather  make  increased  exertion  to  avoid  collision.8 
No  matter  hoiv  great  the  rate  of  speed  may  be  which 
the  law  permits,  the  operator  still  remains  bound  to 
anticipate  that  he  may  meet  persons  on  a  public  street, 
and  he  must  keep  his  machine  under  such  control  as 
will  enable  him  to  avoid  a  collision  with  another  per- 
son also  using  care  and  caution.     If  necessary  he  must 
slow  down  and  even  stop.     No  blowing  of  a  horn,  or 
of  a  whistle,  nor  the  ringing  of  a  bell  or  gong,  without 
an  attempt  to  slacken  his  speed,  is  sufficient,  if  the  cir- 
cumstances at  a  given  point  demand  that  the  speed 
should  be  slackened  or  the  machine  stopped,  and  such 
a  course  is  practicable,  or,  in  the  exercise  of  ordinary 
care  and  caution  proportionate  to  the  circumstances, 
should  have  been  practicable.     The  true  test  is,  that 
he  must  use  all  the  care  and  caution  which  a  careful 
and  prudent  driver  would  have  exercised  under  the 
same  circumstances.     The  operator  of  an  automobile 
is  not  exempt  from  liability  for  a  collision  in  a  public 


7.  Thi..>s  v.  Thomas,  77  N.  Y.  Supp.  276. 

8.  Thies  t.  Thomas,  77  N.  Y.  Supp.  276. 


The  Chauffeur.  1<)1 

street  by  simply  showing  that  at  the  time  of  the  acci- 
dent he  did  not  run  at  a  rate  of  speed  exceeding  the 
limit  allowed  by  law.y 

In  turning  corners  a  person,  whether  an  adult  or  an 
infant,  has  the  right  to  assume  that  the  operator  of  an 
automobile  will  exercise  care  and  respect  the  rights  of 
pedestrians.  Due  care  in  operation  requires,  under 
such  circumstances,  that  the  vehicle  should  be  slowed 
down  and  operated  with  diligence.  At  such  a  place 
the  operator  is  bound  to  take  notice  that  people  might 
be  crossing,  or  entering  thereon;  and  this  obligation 
on  the  part  of  the  operator  of  the  machine  is  one  which 
a  pedestrian  has  a  right  to  assume  will  be  observed.10 

When  the  automobile  is  temporarily  left  unattended 
in  the  street,  certain  precautions  should  be  taken  by 
the  chauffeur  to  prevent  the  machine  from  being 
started  by  intermeddlers,  but  it  is  not  the  operator's 
duty,  as  correctly  stated  in  the  opinion  of  a  New  York 
case,  to  chain  the  machine  to  a  post  or  to  fasten  it  so 
that  it  will  be  absolutely  impossible  for  a  third  party 
to  start  it.  Only  reasonable  care  is  required  to  be 
exercised  in  such  a  case.  Of  course,  where  a  statute 
requires  a  certain  manner  of  locking  the  machine,  the 
requirement  must  be  complied  with.11 

§  8.  Rights  of  chauffeur. 

Ordinarily  where  the  chauffeur's  contract  for  ser- 
vice is  for  a  certain  time,  if  the  employer  discharges 

9.  Thies  v.  Thomas.  77  N.  Y.  Supp.  27G. 

10.  Buseher  v.  New  York  Transportation  Co.,  94  X.  Y.  Supp.  796. 

11.  Berman  v.  Schultz,  40  Misc.  (N.  Y.)  212,  84  N.  Y.  Supp.  202, 
holding  that  where  a  chauffeur  left  an  automobile  in  the  street  tem- 
porarily, after  turning  off  the  power  and  applying  (lie  brake,  and  llie 
automobile  was  started  by  the  willful  act  of  boys,  resulting  in  a  col- 
lision with  a  wagon,  the  act  of  the  boys  was  the  proximate  cause  of  the 
injury,  and  there  was  no  liability  on  the  part  of  the  owner. 


102  The  Law  of  Automobiles. 

the  chauffeur  before  the  expiration  of  the  term  of 
employment,  the  employer  is  still  liable  for  the 
chauffeur's  pay  unless  the  latter  has  given  cause  by 
showing  himself  unable  or  unwilling  to  do  what  he 
has  undertaken  to  do.12  But  if  the  contract  is  for  a 
time  certain,  and  the  chauffeur  leaves  without  cause 
before  the  time  expires,  it  is  held  that  a  servant  in 
such  a  case  has  no  claim  for  services  already  rendered. 
However,  if  prevented  from  performing  his  duties  by 
sickness,  or  similar  inability,  the  chauffeur  may  re- 
cover pay  for  what  he  has  done  on  a  quantum  meruit.13 
It  must  not  be  forgotten  that  the  contract  between  the 
chauffeur  and  his  employer  is  mutual.  The  employer 
has  a  claim  against  the  chauffeur  for  neglect  of  duty, 
and  the  employer  does  not  waive  this  claim  by  paying 
the  chauffeur  and  continuing  him  in  his  service.14 

12.  Parsons  on  Contracts,  vol.  II.,  (9th  ed.)   34. 

13.  Parsons  on  Contracts,  vol.  II.,   (9th  ed.)    36-40. 

14.  Parsons  on  Contracts,  vol.  II.,   (9th.  ed.)   48. 


CHAPTER  XI. 
THE     MANUFACTURER     OF     AUTOMOBILES. 

Sec.  1.  General  considerations. 

2.  The  manufacturer's  status. 

3.  Quality  of  cars  already  turned  out. 

4.  American  tendencies. 

5.  Duties  and  responsibilities  of  manufacturer. 

§  1.  General  considerations. 

Among  the  many  reported  judicial  decisions  con- 
cerning motoring  and  the  motor  car,  no  reported  case 
in  reference  to  the  manufacturer's  part  played  in 
automobiling  has  as  yet  appeared,  though  circum- 
stances have  happened  pointing  in  a  direction  to  what 
reasonably  might  be  expected  from  litigation  in  the 
near  future.  No  person  is  more  intimately  connected 
with  motoring  ,  and  of  so  vital  importance  in  qualifica- 
tions, as  the  manufacturer.  The  position  of  the 
chauffeur,  in  regard  to  his  prudence,  intelligence,  and 
carefulness,  is  somewhat  insignificant  compared  with 
the  great  responsibility  resting  upon  the  shoulders  of 
the  automobile  constructor,  and  yet  the  latter  has  not 
been  deemed  an  individual  of  sufficient  police  regula- 
tory account  to  be  considered  a  favorable  subject  of 
legislative  control  in  regard  to  the  safe  manufacture 
of  safe  machines.  The  thousands  of  automobiles 
which  are  being  turned  out  every  year,  and  the  hun- 
dreds of  new  incorporated  companies  which  are  being 
formed  for  the  purpose  of  manufacturing  motor  vehi- 

[108] 


104  The  Law  of  Automobiles. 

cles,  necessarily  will  be  felt  in  occupying  the  attention 
of  the  courts.  We  have  only  to  wait  for  the  decisions 
to  come  —  they  are  bound  to  arrive. 

§  2.  The  manufacturer's  status. 

The  manufacturer  of  automobiles  occupies  a  posi- 
tion of  serious  responsibility,  not  only  to  his  customer 
and  the  users  of  his  car  but  to  the  public.  He  is  pro- 
viding a  powerful  carrying  machine  to  run  on  the. 
public  streets  and  highways  in  the  midst  of  traffic. 
This  he  knows  and  fully  realizes.  His  position  is  one 
of  trust  and  confidence.  On  him  rely  his  customers 
and  others  for  the  safe  construction  of  machines  in 
workmanship  and  material. 

§  3.  Quality  of  cars  already  turned  out. 

The  cars  turned  out  thus  far  have  proven  no  defects 
in  construction  and  no  use  of  inferior  materials  so  far 
as  to  render  them  dangerous  for  their  contemplated 
use.  The  manufacturers  have  established  a  feeling 
of  safety  and  reliance  in  the  people.  But  have  we  the 
assurance  of  a  continuation  of  this  feeling  of  con- 
fidence ? 

§  4.  American  tendencies. 

From  our  American  experience  regretfully  we  have 
to  say  that  our  industry  is  apt  to  be  contaminated  with 
adulteration  and  substitution.  We  know  that  the  cost 
of  production  is  sought  to  be  reduced  by  using  cheaper 
labor  and  inferior  materials.  This  reasonably  may  be 
expected  in  the  manufacture  of  automobiles  on  the 
part  of  some  producers  if  precautions  are  not  taken. 
There  are,  and  will  be,  of  course,  many  automobile 
manufacturers  whose  products  always  will  stand  for 


The  Manufacturer  of  Automobiles.         105 

the  best  and  safest  material  and  workmanship.  The 
very  cheap  machine  and  its  manufacturer^  however, 
will  need  our  serious  consideration. 

§  5.  Duties  and  responsibilities  of  manufacturer. 

Speaking  generally,  what  are  the  duties  and  respon- 
sibilities of  the  automobile  manufacturer  in  putting  an 
automobile  on  the  market?  It  must  be  conceded  that 
a  safely  constructed  motor  vehicle  is  not  of  itself  a 
dangerous  machine,  and  only  becomes  a  source  of 
danger  to  the  occupants  through  faulty  construction 
or  improvident  driving.  We  have  simply  the  case  of 
a  manufacturer  placing  on  the  market  for  sale  a  vehi- 
cle of  somewhat  complicated  machinery  of  high  speed 
power  and  used  for  the  transportation  of  persons. 
What  is  the  law  governing  such  a  manufacturer? 
Since  no  cases  concerning  the  automobile  and  dealing 
with  the  subject  under  discussion  have  arisen  for  de- 
termination by  the  courts,  we  are  compelled  to  reason 
from  a  consideration  of  cases  decided  in  reference  to 
the  manufacture  and  sale  of  machines  and  articles 
generally  other  than  vehicles.  Without  reviewing  the 
decisions  concerning  the  manufacturer's  liability  for 
the  sale  of  defective  machinery,  it  would  be  impossible 
to  say  more  than  that  the  manufacturer  of  an  auto- 
mobile impliedly  warrants  to  purchasers  that  the 
vehicle  is  reasonably  fit  and  safe  for  its  contemplated 
use.  Any  negligence  on  the  part  of  the  manufacturer 
or  his  servants  in  constructing  the  automobile,  or  in 
the  use  of  improper  materials,  subjects  the  manu- 
facturer to  liability  in  damages  for  an  injury  received 
by  the  party  purchasing  the  machine  who  is  injured 
while  exercising  due  care.  There  arc  many  other 
questions  which  suggest  themselves  from  a  considera- 


106  The  Law  of  Automobiles. 

tion  of  the  automobile  manufacturer's  position,  ques- 
tions of  importance  and  some  little  difficulty,  but  for 
the  present  the  suggestion  that  there  is  serious  re- 
sponsibility resting  upon  the  manufacturer  probably 
is  sufficient.  Sir  Frederick  Pollock  says  that  where 
the  builder  of  a  carriage,  or  the  maker  of  a  machine, 
has  delivered  it  out  of  his  own  possession  and  control 
to  a  purchaser,  he  is  under  no  duty  to  persons  using 
it  as  to  its  safe  condition,  unless  the  thing  was  in  itself 
of  a  noxious  or  dangerous  kind,  or,  it  seems,  unless  he 
had  actual  knowledge  of  its  being  in  such  a  state  as 
Would  amount  to  a  concealed  danger  to  persons  using 
it  in  an  ordinary  manner  and  with  ordinary  care.1 

1.  See  Pollock  on  Torts,  p.  632.  See  also  Winterbottom  v.  Wright,  10 
M.  &  W.  109:  Collis  v.  Sheldon,  (1SG8)  L.  R.  3  C.  P.  495,  37  N.  J.  C.  P. 
233;  Losee  v.  Clute,  51  N.  Y.  494. 


CHAPTER  XII. 

SAFETY  OF  ROADS  FOR  AUTOMOBILES. 

Sec.   1.  Right  to  have  safe  roads. 

2.  Condition  of  roads. 

3.  Liability  for  defective  highways. 

§  1.  Right  to  have  safe  roads. 

Equal  rights  of  the  motor  car  on  the  roads  having 
been  established,  it  naturally  follows  that  the  auto- 
mobile is  entitled  to  all  the  rights  pertaining  to  the 
suitable  condition  of  the  public  thoroughfares,  includ- 
ing the  right  to  have  safe  roads,  not  only  for  the  gen- 
eral use  of  the  highway,  but  for  use  of  the  pneumatic 
rubber-tired  vehicle.  The  importance  of  proper  road 
conditions  for  automobiles  cannot  be  overestimated. 
If  the  automobile  is  to  be  the  predominating  vehicle  on 
our  public  ways,  it  is  necessary  that  the  roads  should 
be  so  constructed  and  maintained  as  to  meet  the  re- 
quirements for  the  safe  operation  of  the  motor  car- 
riage, and  it  is  a  duty  resting  upon  the  highway  au- 
thorities to  recognize  this  fact.  The  law  keeps  up 
with  improvement  and  progress.  Those  officers  who 
execute  the  law  are  bound  to  perform  their  duties  in 
accordance  with  the  law  and  the  necessities  of  the 
times. 

§  2.  Condition  of  roads. 

The  question  is  naturally  asked  whether  roads  that 
are  safe  and  suitable  for  the  metal-tired  vehicles  are 

[107] 


108  The  Law  of  Automobiles. 

ordinarily  safe  for  the  automobile  f  If  they  are,  then 
the  law  demands  nothing  more  in  road  construction 
for  the  motor  vehicle  than  for  the  vehicle  which  is 
drawn  by  muscular  power.  This  question  is  probably 
one  of  the  least  difficult  to  answer  of  any  concerning 
the  legal  rights  of  motoring.  The  automobile's  novel 
motive  power,  communicating  force  in  propelling  the 
machine  in  a  new  way  and  from  an  unusual  direction, 
and  the  means  of  contact  with  the  road  constitute  the 
motor  vehicle  such  a  radically  different  means  of 
transportation  than  the  ordinary  carriage,  that  new 
road  conditions  are  imperatively  necessary.  Let  us 
consider  wherein  improved  conditions  of  the  road  are 
indispensable.  Take  for  example  the  motor  car's 
means  of  contact  with  the  road,  the  rubber  tire.  This 
comparatively  new  form  of  tire  calls  for  road  con- 
struction which  will  not  injure  its  use,  and  this  require- 
ment is  of  vital  importance,  since  an  injury  to  the  tire 
may  mean  substantial  injury  to  the  machine  and  a 
fatality  to  the  occupants.  Not  a  few  cases  already 
have  occurred  wherein  serious  accidents  resulted  from 
injuries  to  tires.  Suppose  a  soft  spot  should  be  left 
in  a  road  after  digging  up  the  surface,  which  is  not  an 
infrequent  condition  in  many  places,  and  suppose  an 
automobile,  traveling  at  a  fair  rate  of  speed,  strikes 
the  soft  spot  with  one  of  the  front  wheels.  Is  the  re- 
sult exactly  the  same,  or  apt  to  be  so,  in  the  case  of  a 
vehicle  drawn  by  an  animal?  The  question  does  not 
need  argument  for  its  solution.  The  fact  that  the 
power  in  one  case  is  communicated  on  the  back  of  the 
vehicle,  and  it  is  on  the  front  in  the  other  situation, 
renders  the  liability  to  danger  different,  and  neces- 
sarily such  a  road  less  safe  for  automobiles  than  other 
vehicles.     This  has  a  direct  bearing  on  the  duties  of 


Safety  of  Roads  for  Automobiles.  109 

highway  authorities  and  municipal  liability  for  defects 
in  streets. 

§  3.  Liability  for  defective  highways. 

As  bearing  on  the  subject  under  consideration,  an  im- 
portant case  recently  decided  by  the  Supreme  Judicial 
Court  of  Massachusetts  (Baker  v.  City  of  Fall  River, 
72  N.  E.  Rep.  336)  is  of  great  interest.  In  this  case 
it  was  decided  that  under  the  Massachusetts  law  pro- 
viding that  highways  shall  be  kept  in  a  reasonably 
safe  condition  for  travelers  with  horses,  teams,  and 
carriages;  an  automobile  being  a  vehicle  in  common 
use  for  transporting  persons  and  merchandise,  a  de- 
fect in  a  street  which  caused  an  injury  to  one  operat- 
ing an  automobile,  being  a  defect  dangerous  to 
ordinary  vehicles,  the  fact  that  the  conveyance  was  an 
automobile  did  not  preclude  a  recovery  against  the 
city.  The  court  said  that  the  law  "  deals  with  the 
state  of  repairs  in  which  ways  are  to  be  kept.  In  the 
present  case  the  alleged  defect  was  one  which  would 
be  dangerous  to  ordinary  vehicles.  Therefore,  we 
have  no  occasion  to  consider  whether  roads  must  be 
kept  in  such  a  state  of  repair  and  smoothness  that  an 
automobile  can  go  over  them  with  assured  safety." 
It  will  be  seen  that  the  issue  intended  to  be  presented 
herein  was  not  decided  by  the  Massachusetts  case,  but 
the  statement  of  the  court,  in  the  matter  quoted,  that 
the  question  of  safe  roads  for  automobiles  was  not 
then  presented  by  the  facts  before  it,  suggested  grave 
questions  which  are  certain  to  arise  some  time  in  the 
near  future. 


CHAPTER  XIII. 

AUTOMOBILE    LEGISLATION. 

Sec.  1.  General   considerations. 

2.  Fairness  of  laws. 

3.  Prohibiting  reckless  motoring. 

4.  Uniformity  of  automobile  legislation. 

5.  Non-resident  automobilists. 

6.  What  may  be  expected  of  future  laws. 

§  1.  General  considerations. 

The  legislative  regulation  of  motoring  is  of  vital  im- 
portance to  motor-car  owners  and  operators,  not  only 
from  the  standpoint  of  keeping  within  the  law,  but 
because  every  motorist  has,  or  should  have,  a  desire 
to  see  that  these  laws  are  fair  and  reasonable  in  their 
tendency  to  protect  public  safety.  Prejudicial  or 
otherwise  discriminating  legislation  against  motoring 
is  to  be  condemned,  and  every  effort  should  be  made 
in  maintaining  the  freedom  of  the  road  and  to  protect 
the  road  rights  from  measures  imposing  unreasonable 
hardships. 

§  2.  Fairness  of  laws. 

Legislation  has,  on  the  whole,  been  very  fair  in  most 
of  the  states  in  its  interest  for  the  public  and  the 
motorist.  Only  occasionally  enactments  have  seemed 
to  be  grossly  unreasonable  and  discriminating.  The 
greatest  complaint  is  concerning  the  oppressive  execu- 
tion of  the  laws  by  unscrupulous  officers  rather  than 
against  the  regulations  themselves.  Some  of  the  law 
periodicals  are  advocating  more  stringent  legislation 
in  reference  to  reckless  motoring  and  the  use  of  motor 

[110] 


Automobile   Legislation.  1 1 1 

cars  on  the  streets.  One  who  has  studied  and  com- 
pared the  legislation  of  the  various  states  of  the -Union 
and  of  England,  and  the  decisions  handed  down  by 
the  courts,  and  has  considered  well  the  legal  status  of 
the  motor  car,  would  hesitate  long  before  advising  the 
enactment  of  drastic  legislation  which  would  also  un- 
duly restrict  the  rights  of  the  careful  drivei. 

§  3.  Prohibiting  reckless  motoring. 

Legislation  against  reckless  motoring  is,  of  course, 
desirable,  but  the  prudent  operator  should  not  neces- 
sarily be  restricted.  The  "  English  Motor  Car  Act  " 
contains  interesting  provisions  in  this  respect,  and 
that  act  is  worth  consideration  by  the  state  legisla- 
tures as  much  as  many  other  valuable  English  stat- 
utes that  we  have  adopted.  The  provision  against 
reckless  motoring  makes  it  a  criminal  offense  if  any 
person  drives  a  motor  car  on  a  public  highway  "  reck- 
lessly or  negligently,  or  at  a  speed,  or  in  a  manner, 
which  is  dangerous  to  the  public,  having  regard  to  all 
the  circumstances  of  the  case,  including  the  nature, 
condition,  and  use  of  the  highway,  and  to  the  amount  of 
traffic  which  actually  is  at  the  time  or  which  might 
reasonably  be  expected  to  be  on  the  highway."  This 
is  a  wise  and  sensible  provision.  It  makes  due  care 
the  test  of  all  questions  of  prudent  operation,  hav- 
ing regard  to  the  nature  and  condition  of  the  road,  the 
traffic  and  the  circumstances  of  each  particular  case. 
The  rate  of  speed,  if  within  the  limit,  is  immaterial  if 
the  motoring  is  done  with  prudence.  The  personal 
elements  of  motoring  is  here  regulated,  while  I  he  ma- 
chine itself  is  left  unrestricted.  This  legislation  is 
aimed  directly  at  the  chauffeur  who  has  been  the 
direct  cause  of  prejudicial  feeling  against  the  motorist. 


112  The   Law  <»i    Automobiles. 

England  has  in  tliis  statute  delivered  a  blow  to  the 
careless  operator,  and  has,  at  the  same  time,  protected 
the  chauffeur  who  is  cautiously  mindful  of  his  duties 
and  responsibilities  to  his  employer  and  to  the  public. 
Let  the  United  States  study  and  follow  the  successful 
operation  of  the  Knglish  enactment. 

§  4.  Uniformity  of  automobile  legislation. 

Uniformity  of  state  legislation  is  always  desirable 
in  .-ill  branches  of  the  law  where  the  conditions  are  the 
same.  It  is  especially  necessary  where  the  subject  of 
legislation  extends  beyond  the  slate's  jurisdiction  and 
into  and  through  other  states.  Motoring  is  decidedly 
a  subject  of  this  character.  Not  only  is  uniform 
motor-car  legislation  an  advantage  to  the  motorist,  but 
the  states  would  be  benefited  by  it.  A  state  judicial 
decision  construing  a  provision  of  the  law  would  have 
great  force  in  another  state  as  a  correct  exposition  of 
the  regulation,  and  unnecessary  trouble  and  expense 
could  thereby  be  avoided.  The  execution  of  the  statu- 
tory provisions  would  also  be  more  uniform  and 
equitable  since  each  state  would  determine  its  pro- 
cedure from  the  experience  of  other  states.  The  legis- 
lation as  it  now  exists  possesses  little  uniformity. 
The  states  have  enacted  few  provisions  in  common. 

§  5.  Nonresident  automobilists. 

Some  of  the  states  have  been  solicitous  in  reference 
to  the  motoring  privileges  of  nonresidents.  Under 
the  provisions  in  some  of  the  states,  as  will  be  seen 
from  the  compilation  in  this  work,  nonresident  motor- 
ists may  operate  their  machines  in  the  state  if  the  laws 
of  the  resident  state  have  been  complied  with.  Some 
of  the  states,  however,  have  not  had  the  kindness  to 
extend  this  hospitality,  and  require  registration  and 


A  [JTOMOBILE    I  iEGISLATION.  I  L3 

licensing  from  all.  But  there  are  certain  privileges, 
Immunities,  and  rights  which  the  state  inbound  to 
afford  to  tin*  motorisl  of  another  stale  and  which  the 

state  cannot    lawfully   or  constitutionally   deny.       The 

state    has   no    power   to   enact    legislation    imposing 

greater   restrictions  or   burdens  <>n    nonresidents   than 

those  regulating  resident  motorists.  The  aonresident 
has  a  right  to  the  equal  protection  of  the  laws  and 
cannot  he  discriminated  against  by  hostile  enactments 

not  imposed  against  the  people  of  the  state  enacting 

the    legislation.       In    this    matter,    however,    the   states 

have  kept  fairly  well  within  the  bounds  of  constitu- 
tional authority,  and  many  of  them  have  been  courte- 
ous enough  to  extend  greater  privileges  to  the  non- 
resident   than    to    residents    by    exempting   the    former 

from  registration  and  licensing. 

§  6.  What  may  be  expected  of  future  laws. 

What    may    he   expected    from    future   automobile 
legislation!     To  answer  this  question  the  proven  de 
fects  of  existing  regulations,  the  conduct  of  the  motor 
car  operators,  and  the  increase  of  motor  car  traffic 

must  he  considered.  These,  however,  are  not  all  the 
matters  to  be  taken  into  account.  We  may  expect 
regulations  protecting  the  motorist.  It  is  possible 
that  the  manufacture  and  construction  of  machines 
may  have  to  be  regulated  to  some  extent.  This  will 
depend,  of  course,  on  the  standard  of  construction 
maintained  with  a  view  of  protecting  the  safety  of  the 
occupants  and  others.  Questions  will  have  to  be 
solved  as  they  arise,  and  in  order  to  obtain  tin"  most 
beneficial  results  for  all  parties  causes  and  effects 
should  he  carefully  studied,  and  both  the  state  and  the 
motorist  should  co-operate. 
s 


CHAPTEE  XIV. 

FEDERAL  CONTROL  OVER  MOTORING. 

Sec.  1.  In  general. 

2.  Powers  of  state  and  federal  governments. 

3.  Regulation  of  internal  matters  belongs  to  state. 

4.  Interstate  motoring. 

§  1.  In  general. 

The  question  has  been  raised  in  the  minds  of  many 
whether  or  not  the  United  States  government  should, 
to  any  extent,  control  the  operation  of  automobiles 
and  seek  to  take  the  matter  out  of  the  hands  of  the 
states.  This  question  naturally  arises  from  a  con- 
sideration of  the  adverse  attitude  which  some  of  the 
state  legislators  have  taken  in  reference  to  the  auto- 
mobile. The  advisability  of  Congress  to  control  inter- 
state motoring  does  not  depend  upon  any  action  the 
state  might  take  in  regulating  the  automobiles  within 
its  borders. 

§  2.  Powers  of  state  and  federal  governments. 

It  is  not  so  much  a  question  whether  the  United 
States  should  control  the  operation  of  the  motor  vehi- 
cles as  whether  the  federal  government  really  pos- 
sesses the  power  to  act  in  the  matter.  It  must  not  be 
forgotten  that  in  this  country  there  are  two  distinct 
sovereignties  —  two  governments  —  that  of  the  state 
and  that  of  the  United  States.  Each  government  is 
distinct  and  independent  of  the  other  in  many  matters. 

[114] 


Federal   Control  Over   Motoring.  115 

There  are  certain  things  that  the  United  States  gov- 
ernment cannot  do  which  affect  the  state?  and  there 
are  matters  the  state  has  no  control  over  which  affect 
the  United  States. 

§  3.  Regulation  of  internal  matters  belongs  to  state. 

The  regulation  of  the  use  of  internal  highways  is  a 
matter  which  belongs  exclusively  to  the  state  govern- 
ment. It  is  a  matter  of  purely  internal  concern  and 
comes  under  the  state's  power  to  pass  regulations  pro- 
tecting the  public  from  danger  in  the  operation  of 
vehicles  on  the  highways.  Over  these  state  internal 
police  matters  the  United  States  has  no  control  at  all ; 
and  in  so  far  as  motoring  is  confined  exclusively 
within  the  jurisdiction  of  the  state  Congress  cannot  act. 

§  4.  Interstate  motoring. 

Where,  however,  automobiling  is  interstate,  that  is, 
where  the  motorist  passes  from  one  state  into  another, 
the  federal  government  is  given  jurisdiction  over  such 
travel  by  the  United  States  Constitution.  The  United 
States  has  jurisdiction  to  control  interstate  commerce, 
and  interstate  commerce  includes  interstate  travel  by 
means  of  the  motor  car.  Action  by  the  United  States 
in  respect  to  interstate  motoring,  however,  would  not 
prevent  the  states  from  regulating  automobile  travel 
within  their  own  domains.  This  right  is  granted  the 
states  by  the  Constitution  and  could  not  be  taken  from 
them  by  any  act  of  Congress. 


PAET   II. 

AUTOMOBILE  ENACTMENTS. 

The  following  is  a  complete  compilation  of  the  auto- 
mobile legislation  in  the  United  States  and  England, 
omitting  local  ordinances  and  regulations: 

ALABAMA. 

Operators  must  register,  et  cetera. 

Sec.  1.  That  it  shall  be  unlawful  for  any  person  to  run,  operate 
or  drive  any  automobile,  locomobile  or  motor  vehicle  of  like  kind 
on  the  public  roads  and  highways  of  this  state  without  first  regis- 
tering same  as  hereinafter  provided  and  without  complying  with 
the  provisions  of  this  act. 

Registration,  certificate,  and  fee. 

§  2.  That  any  person  acquiring  any  automobile,  locomobile  or 
motor  vehicle  shall  within  ten  days  after  acquiring  the  same 
register  such  vehicle  in  the  office  of  the  probate  judge  of  the  county 
of  the  residence  of  the  owner  or  in  which  said  vehicle  is  to  be 
run  or  operated,  in  a  book  to  be  kept  for  that  purpose  by  said 
judge,  giving  the  name  and  exact  residence  of  the  owner  or  per- 
son who  will  run  or  operate  said  automobile,  locomobile  or  motor 
vehicle,  of  like  kind  and  the  name  and  style  of  the  vehicle.  Said 
book  shall  be  open  to  the  inspection  of  the  public  at  all  times. 
Said  probate  judge  shall  thereupon  issue  his  certificate  of  regis- 
tration of  such  person,  showing  the  name  and  residence  of  the 
owner  or  person  who  shall  run  or  operate  said  vehicle,  the  name 
and  style  of  the  vehicle  and  the  number  of  the  certificate  of 
registration,  beginning  with  number  one  and  numbering  forward 
in  numerical  order  as  the  applications  for  registration  are  made. 
Such  certificate  of  registration  and  number  shall  not  be  trans- 

[1161 


Alabama.  1 1 7 

ferable.  Such  probate  judge  shall  be  entitled  to  a  fee  of  twenty- 
five  cents  for  each  certificate  of  registration  under  this  act  t<>  be 
paid  l>y  the  applicant.  This  section  shall  not  appfy  to  a  i"  rson 
manufacturing  or  dealing  in  automobles,  locomobiles  or  motor 
vehicles,  except  those  for  his  own  private  use. 

Special  speed  regulations. 

§  3.  No  automobile,  locomobile  or  motor  vehicle  propelled  by 
steam,  gasoline  or  electricity  or  other  source  of  energy  shall  pass 
a  person  driving  a  horse  or  horses  or  other  domestic  animals,  or 
foot  passengers  walking  in  the  roadway  of  the  highway,  at  a 
greater  rate  of  speed  than  eight  miles  per  hour,  nor  pass  a  public 
school,  in  school  days  when  school  is  held  between  the  hours  of 
eight  o'clock  ante  meredian  and  four  o'clock  post  meridian,  or 
pass  a  building  of  public  worship  on  the  Sabbath  day  during  the 
usual  hours  of  service  at  a  greater  rate  of  speed  than  eight  miles 
per  hour,  or  cross  a  dam  or  causeway  where  the  traveled  portion 
of  the  roadbed  is  less  than  twenty  feet  wide  at  a  greater  rate  of 
speed  than  four  miles  per  hour. 

General  speed  regulation. 

§  4.  That  no  person  shall  run,  operate  or  drive  an  automobile, 
locomobile  or  motor  vehicle  of  like  kind  on  any  public  road  or 
highway  of  this  state  at  a  greater  rate  of  speed  than  eight  miles 
an  hour. 

Necessary  equipment. 

§  5.  That  it  shall  be  unlawful  for  any  person  to  run,  operate  or 
drive  any  automobile,  locomobile  or  motor  vehicle  of  like  kind 
upon  the  public  roads  and  highways  of  this  state  unless  the  same 
be  equipped  with  suitable  and  efficient  appliances  to  lessen 
noxious  odors,  diminish  noise  and  bring  such  vehicle  In  a  quick 
stop. 

Stopping  on  signal. 

§  6.  That  every  person  driving  an  automobile,  locomobile  or 
motor  vehicle  shall  at  request  or  signal  by  putting  np  the  hand. 
from  a  person  riding  or  driving  a  restive  horse  or  horses,  or  driv- 
ing domestic  animals,  cause  such  vehicle  to  stop  and  remain 
stationary,  and  upon  request  shall  cause  the  engine  of  such  vehicle 


118  Automobile   Enactments. 

to  cease  running  so  long  as  may  be  necessary  to  allow  said  horse 
or  domestic  animals  to  pass. 

Duty  of  judges  and  grand  juries. 

§  7.  That  it  shall  be  the  duty  of  the  judge  of  all  courts  of  record 
in  this  state  having  grand  juries  to  give  this  act  in  special  charge, 
and  it  shall  be  the  duty  of  the  grand  juries  to  indict  any  person 
who  has  violated  or  failed  to  comply  with  the  provisions  and 
requirements  of  this  act. 

Penalties  for  violation. 

§  8.  That  any  person  violating  any  of  the  provisions  of  this 
act,  or  failing  to  comply  with  the  requirements  thereof,  shall  be 
guilty  of  a  misdemeanor  and  on  conviction  shall  be  punished  for 
the  first  offense  by  a  fine  of  not  less  than  twenty  nor  more  than 
one  hundred  dollars,  and  on  any  subsequent  conviction,  shall  be 
punished  by  a  fine  of  not  less  than  fifty  nor  more  than  two  hun- 
dred dollars  or  by  imprisonment  in  the  county  jail  for  not  less 
than  thirty  days  nor  more  than  six  months. 

Approved  October  9th,  1902. 


CALIFORNIA. 

Definitions. 

Sec.  1.  Subdivision  1.  The  words  and  phrases  used  in  this  act 
shall,  for  the  purposes  of  this  act,  unless  the  same  be  contrary  to  or 
inconsistent  with  the  context,  be  construed  as  follows:  (1)  "  Motor 
vehicle  "  shall  include  all  vehicles  propelled  by  any  power  other 
than  muscular  power,  provided  that  nothing  herein  contained  shall, 
except  the  provisions  of  subdivisions  three,  four  and  five  of  sec- 
tion three  and  subdivision  one  of  section  four  of  this  act,  apply 
to  motor  cycles,  motor  bicycles,  traction  engines  or  road  rollers; 
(2)  "  public  highways "  shall  include  any  highway,  county  road, 
state  road,  public  street,  avenue,  alley,  park,  parkway,  driveway 
or  public  place  in  any  county,  or  incorporated  city  and  county,  city 
or  town;  (3)  "closely  built  up"  shall  mean  (a)  the  territory  of 
any  county  or  incorporated  city  and  county,  city  or  town  con- 
tiguous to  a  public  highway  which  is  at  that  point  built  up  with 
structures  devoted  to  business,  (b)  the  territory  of  any  county  or 
incorporated  city  and  county,  city  or  town  contiguous  to  a  public 
highway  not  devoted  to  business  where  for  not  less  than  one- 
quarter  of  a  mile  the  dwelling  houses  on  such  highway  average  less 
than  one  hundred  feet  apart,  provided  that  the  local  authorities 
having  charge  of  such  highway  shall  have  placed  conspicuously 
thereon  at  both  ends  of  such  closely  built  up  sections  signs  of  suffi- 
cient size  to  be  easily  readable  by  a  person  using  the  highway, 

bearing  the  words  "  Slow  down  to  miles,"  inserting  in  the 

blank  space  the  number  of  miles  to  which  the  speed  is  to  be 
reduced  and  also  an  arrow  pointing  in  the  direction  where  the 
speed  is  to  be  reduced ;  (4)  "  local  authorities  "  shall  include  all 
boards  of  supervisors,  trustees  or  councils,  committees  and  other 
public  officials  of  counties,  or  incorporated  cities  and  counties, 
cities  or  towns;  (5)  "chauffeur"  shall  mean  any  person  operating 
a  motor  vehicle  as  mechanic,  employee  or  for  hire. 

Filing  statement  by  owner. 

§  2.  Subdivision  1.  Every  person  hereafter  acquiring  a  motor 
vehicle  shall,  for  every  vehicle  owned  by  him,  file  in  the  office  of 

[119] 


120  Automobile   Enactments. 

the  secretary  of  state  a  statement  of  his  name  and  address,  with  a 
brief  description  of  the  vehicle  to  be  registered  including  the  name 
of  the  maker,  factory  number,  style  of  vehicle  and  motor  power  on 
a  blank  to  be  prepared  and  furnished  by  such  secretary  of  state 
for  that  purpose ;  the  filing  fee  shall  be  two  dollars. 

Registration  and  record. 

Subd.  2.  The  secretary  of  state  shall  thereupon  file  such  state- 
ment in  his  office,  register  such  motor  vehicle  in  a  book  or  index 
to  be  kept  for  that  purpose,  and  assign  it  a  distinctive  number. 

Registration  seal. 

Subd.  3.  The  secretary  of  state  shall  forthwith  on  such  regis- 
tration, and  without  other  fee,  issue  and  deliver  to  the  owner  of 
such  motor  vehicle  a  seal  of  aluminum  or  other  suitable  metal, 
which  shall  be  circular  in  form,  approximately  two  inches  in  di- 
ameter, and  have  stamped  thereon  the  words  "  Registered  motor 
vehicle,  No. ,  State  of  California,"  with  the  registration  num- 
ber inserted  therein;  which  seal  shall  thereafter  at  all  times  be 
conspicuously  displayed  on  the  motor  vehicle,  to  which  such  number 
has  been  assigned. 

Owners  previously  registered. 

Subd.  4.  If  the  vehicle  has  been  previously  registered,  the  certifi- 
cate issued  thereon  shall  be  returned  to  the  secretary  of  state  and 
in  lieu  thereof  such  secretary  shall  issue  to  said  owner  a  registra- 
tion seal  containing  the  number  of  such  previous  registration  upon 
payment  of  a  fee  of  one  dollar.  Upon  the  sale  of  a  motor  vehicle 
the  vendor,  except  a  manufacturer  or  dealer,  shall  within  ten  days 
return  to  the  secretary  of  state  the  registration  seal  affixed  to  such 
vehicle. 

Display  of  registration  number. 

Subd.  5.  Every  motor  vehicle  shall  also  at  all  times  have  the 
number  assigned  to  it  displayed  on  the  back  of  such  vehicle  in 
such  manner  as  to  be  plainly  visible,  the  numbers  to  be  in  Arabic 
numerals,  black  on  white  background,  each  not  less  than  three 
inches  in  height,  and  each  stroke  to  be  of  a  width  not  less  than 
half  an  inch,  and  also  as  a  part  of  such  mumber  the  abbreviated 


California.  1_'  1 

name  of  the  state  in  black  on  white  ground,  such  letters  to  be  not 
less  than  one  inch  in  height. 

Registration  of  manufacturers  or  dealers. 

Subd.  6.  A  manufacturer  of  or  dealer   in   motor  vehicles   shall 
register  one  vehicle  of  each  style  or  type  manufactured  or  deall 
in  by  him,  and  be  entitled  to  as  many  duplicate  registration 
for  each  type  or  style  so  manufactured   or  dealt    in   as   he  may 
desire  on   payment    of   an    additional    fee  of   fifty   cents    fo] 
duplicate  seal.     If  a  registration  seal  and  the  corresponding  num- 
ber shall  thereafter  be  affixed  to  and  displayed  on  every  vehicle  of 
such  type  or  style  as  in  this  section  provided,  while  such  vehicle 
is  being  operated  on  the  public  highways,  it    shall  be  deemed   a 
sufficient  compliance  with  subdivisions  one,  three,   five  and 
of  this  section,   until  such  vehicle   shall    be   sold   or   let    for  hire. 
Nothing  in  this  subdivision  shall  be  construed  to  apply  to  a  motor 
vehicle  employed  by  a  manufacturer  or  dealer  for  private  use  or 
for  hire. 

Fictitious  seal  or  number. 

Subd.  7.  No  motor  vehicle  shall  be  used  or  operated  upon  the 
public  highways  after  thirty  days  after  this  act  takes  effect  which 
shall  display  thereon  a  registration  seal  or  number  belonging  to 
any  other  vehicle,  or  a  fictitious  registration  seal  or  number. 

Unregistered  vehicle  not  to  be  operated. 

Subd.  8.  No  motor  vehicle  shall  be  used  or  operated  on  the  public 
highways  after  thirty  days  after  this  act  takes  effect,  unless  the 
owner  shall  have  complied  in  all  respects  with  this  section,  excepl 
that  any  person  purchasing  a  motor  vehicle  from  a  manufacturer, 
dealer  or  other  person  after  this  act  goes  into  effect  shall  be  allowed 
to  operate  such  motor  vehicle  upon  the  public  highways  for  a  peri. "I 
ol  five  days  after  the  purchase  and  delivery  thereof,  provided  that 
during  such  period  such  motor  vehicle  shall  bear  the  registration 
number  and  seal  of  the  previous  owner  under  which  it  was  oper- 
ated or  might  have  been  operated  by  him. 

Non=resident  owners  exempt. 

Subd.  9.  The  provisions  of  this  section  shall  not  apply  to  motor 
vehicles  owned  by  non-residents  of  this  state  and  only  temporarily 


122  Automobile   Enactments. 

within  this  state,  provided  the  owners  thereof  have  complied  with 
any  law  requiring  the  registration  of  owners  of  motor  vehicles  in 
force  in  the  state,  territory  or  federal  district  of  their  residence, 
and  the  registration  number  showing  the  initial  of  such  state, 
territory  or  federal  district  shall  be  displayed  on  such  vehicle  sub- 
stantially as  in  this  section  provided. 

Speed  permitted. 

§  3.  Subdivision  1.  No  person  shall  operate  a  motor  vehicle  on 
a  public  highway  at  a  rate  of  speed  greater  than  is  reasonable  and 
proper,  having  regard  to  the  traffic  and  use  of  the  highway  or  so 
as  to  endanger  the  life  or  limb  of  any  person  or  the  safety  of  any 
property ;  or  in  any  event  on  any  public  highway  where  the  territory 
contiguous  thereto  is  closely  built  up,  at  a  greater  rate  than  one 
mile  in  six  minutes,  or  elsewhere  in  any  incoporated  city  and 
county,  city  or  town  at  a  greater  rate  than  one  mile  in  four  min- 
utes, or  elsewhere  outside  of  any  incorporated  city  and  county,  city 
or  town,  at  a  greater  rate  than  one  mile  in  three  minutes;  subject, 
however,  to  the  other  provisions  of  this  act. 

Speed  at  bridges,  crossings,  etc. 

Subd.  2.  Upon  approaching  a  bridge,  dam,  sharp  curve,  or  steep 
descent,  and  also  in  traversing  such  bridge,  dam,  curve  or  descent, 
a  person  operating  a  motor  vehicle  shall  have  it  under  control  and 
operate  it  at  a  rate  of  speed  not  exceeding  one  mile  in  fifteen 
minutes,  and  upon  approaching  a  crossing  of  intersecting  high- 
ways at  a  speed  not  greater  than  is  reasonable  and  proper,  having 
regard  to  the  traffic  then  on  such  highway  and  the  safety  of  the 
public. 

Meeting  pedestrians,  drivers  and  riders. 

Subd.  3.  Upon  approaching  a  person  walking  in  the  roadway  of 
a  public  highway,  or  a  horse  or  horses,  or  other  draft  animals, 
being  ridden,  led  or  driven  thereon,  a  person  operating  a  motor 
vehicle  shall  give  reasonable  warning  of  its  approach,  and  use  every 
reasonable  precaution  to  insure  the  safety  of  such  person  or  animal, 
and,  in  the  case  of  horses  or  other  draft  animals,  to  prevent 
frightening  the  same. 


California.  123 

Stopping  on  signal. 

Subd.  4.  A  person  operating  a  motor  vehicle  shall,  at. request  or 
on  signal  by  putting  up  the  hand,  from  a  person  riding,  leading 
or  driving  a  restive  horse  or  horses,  or  other  draft  animals,  bring 
such  motor  vehicle  immediately  to  a  stop,  and,  if  traveling  in  the 
opposite  direction,  remain  stationary  so  long  as  may  be  reasonable 
to  allow  such  horse  or  animal  to  pass,  and,  if  traveling  in  the  same 
direction,  use  reasonable  caution  in  thereafter  passing  such  horse 
or  animal;  provided  that,  in  case  such  horse  or  animal  appears 
badly  frightened  or  the  person  operating  such  motor  vehicle  is 
requested  to  do  so,  such  person  shall  cause  the  motor  of  such  vehicle 
to  cease  running  so  long  as  shall  be  reasonably  necessary  to  prevent 
accident  and  insure  safety  to  others. 

Giving  name  and  address,  accidents. 

Subd.  5.  In  case  of  accident  to  a  person  or  property  on  the  public 
highways,  due  to  the  operation  thereon  of  a  motor  vehicle,  the  per- 
son operating  such  motor  vehicle  shall  stop,  and,  upon  request  of  a 
person  injured,  or  any  person  present,  give  such  person  his  name 
and  address,  and,  if  not  the  owner,  the  name  and  address  of  such 


Speed  tests  and  races. 

Subd.  6.  Local  authorities  may,  notwithstanding  the  other  pro- 
visions of  this  section,  set  aside  for  a  given  time  a  specified  public 
highway  for  speed  tests  or  races,  to  be  conducted  under  proper 
restrictions  for  the  safety  of  the  public. 

Rules  of  the  road. 

§  4.  Subdivision  1.  Wherever  a  person  operating  a  motor 
vehicle  shall  meet  on  a  public  highway  any  other  person  riding 
or  driving  a  horse  or  horses  or  other  draft  animals,  or  any  other 
vehicles,  the  person  so  operating  such  motor  vehicle  shall  reason- 
ably turn  the  same  to  the  right  of  the  center  of  such  highway  so  as 
to  pass  without  interference.  Any  such  person  so  operating  a 
motor  vehicle  shall,  on  overtaking  any  such  horse,  draft  animal 
or  other  vehicle,  pass  on  the  left  side  thereof,  and  the  rider  or  driver 
of  such  horse,  draft  animal  or  other  vehicle  shall,  as  soon  as  prac- 
ticable, turn  to  the  right  so  as  to  allow  free  passage  on  the  left.      Any 


124  Automobile   Enactments. 

such  person  so  operating  a  motor  vehicle  shall  at  the  intersection 
of  public  highways,  keep  to  the  right  of  the  intersection  of  the 
centers  of  such  highways  when  turning  to  the  right  and  pass  to 
the  right  of  such  intersection  when  turning  to  the  left.  Nothing 
in  this  subdivison  shall,  however,  be  construed  as  limiting  the 
meaning  or  effect  of  the  provisions  of  section  three  of  this  act. 

Brakes,  bell,  horn  and  lamps. 

Subd.  2.  Every  motor  vehicle,  while  in  use  on  the  public  high- 
way, shall  be  provided  with  good  and  efficient  brakes,  and  also 
with  suitable  bell,  horn,  or  other  signal,  and  be  so  constructed  as 
to  exhibit,  during  the  period  from  one  hour  after  sunset  to  one 
hour  before  sunrise,  two  lamps  showing  white  lights  visible  within  a 
reasonable  distance  in  the  direction  towards  which  such  vehicle 
is  proceeding,  showing  the  registered  number  of  the  vehicle  in 
separate  Arabic  numerals,  not  less  than  one  inch  in  height  and 
each  stroke  to  be  not  less  than  one-quarter  of  an  inch  in  width, 
and  also  a  red  light  visible  in  the  reverse  direction. 

Local  ordinances  prohibited. 

Subd.  3.  Subject  to  the  provisions  of  this  act,  local  authorities 
shall  have  no  power  to  pass,  enforce  or  maintain  any  ordinance, 
rule  or  regulation  requiring  of  any  owner  or  operator  of  a  motor 
vehicle  any  license  or  permit  to  use  the  public  highways  or  ex- 
cluding or  prohibiting  any  motor  vehicle  whose  owner  has  com- 
plied with  section  two  of  this  act  from  the  free  use  of  such  high- 
ways, except  such  driveway,  speedway  or  road  as  has  been  or  may 
be  expressly  set  apart  by  law  for  the  exclusive  use  of  horses  and 
light  carriages,  or  except  as  herein  provided,  in  any  way  affecting 
the  registration  or  numbering  of  motor  vehicles  or  prescribing  a 
slower  rate  of  speed  than  herein  specified  at  which  such  vehicles 
may  be  operated,  or  the  use  of  the  public  highways,  contrary  or 
inconsistent  with  the  provisions  of  this  act ;  and  all  such  ordi- 
nances, rules  or  regulations  now  in  force  are  hereby  declared  to  be 
of  no  validity  or  effect ;  provided,  however,  that  the  local  authorities 
of  incorporated  cities  and  counties,  cities  and  towns,  may  limit  by 
ordinance,  rule  or  regulation  hereafter  adopted  the  speed  of  motor 
vehicles  on  the  public  highways,  on  condition  that  such  ordinance, 
rule  or  regulation  shall  also  fix  the  same  speed  limitation  for  all 


California.  1 25 

other  vehicles,  such  speed  limitation  not  to  be  in  any  case  less  than 
one  mile  in  six  minutes  and  on  further  condition  thatjiucb."  incor- 
porated city  and  county,  city  or  town,  shall  also  have  placed  con- 
spicuously on  each  main  public  highway  where  the  boundary  of 
such  municipality  crosses  the  same  and  on  every  main  highway 
where  the  rate  of  speed  changes,  signs  of  sufficient  size  to  be 
easily  readable  by  a  person  usin^  the  highway,  bearing  the  words 

"  Slow  down  to miles"  (the  rate  being  inserted),  and  also  an 

arrow  pointing  in  the  direction  whore  the  speed  is  to  be  reduced 
or  changed,  and  also  on  further  condition  that  such  ordinance,  rule 
or  regulation  shall  fix  the  penalties  for  violation  thereof  similar  to 
and  no  greater  than  those  fixed  by  such  local  authorities  for  vio- 
lation of  speed  limitation  by  any  other  vehicles  than  motor 
vehicles,  which  penalties  shall  during  the  existence  of  the  ordi- 
nance, rule  or  regulation  supersede  those  specified  in  section  six 
of  this  act,  and  provided  further  that  nothing  in  this  act  contained 
shall  be  construed  as  limiting  the  power  of  local  authorities  to 
make,  enforce  and  maintain  further  ordinances,  rules  or  regula- 
tions affecting  motor  vehicles  which  are  offered  to  the  public  for 
hire. 

Parks,  parkways  and  cemeteries. 

Subd.  4.  Local  authorites  may,  notwithstanding  the  provisions 
of  this  act,  make,  enforce  and  maintain  such  reasonable  ordi- 
nances, rules  or  regulations  concerning  the  speed  at  which  motor 
vehicles  may  be  operated  in  any  public  park,  or  parkways,  but  in 
that  event,  signs  at  each  entrance  of  such  park  and  along  such 
parkway,  conspicuously  indicating  the  rate  of  speed  permitted  or 
required,  and  may  exclude  motor  vehicles  from  any  cemetery  or 
grounds  used  for  burial  of  the  dead. 

Right  to  recover  damages. 

Subd.  5.  Nothing  in  this  act  shall  be  construed  to  curtail  or 
abridge  the  right  of  any  person  to  prosecute  a  civil  suit  for  dam- 
ages by  reason  of  injuries  to  person  or  property  resulting  from  the 
negligent  use  of  the  highways  by  a  motor  vehicle  or  its  owner  or 
his  employee  or  agent. 

Chauffeur's  statement. 

§  5.  Subdivision  1.  Every  person  hereafter  desiring  to  operate  a 
motor  vehicle  as  a  chauffeur  shall  file  in  the  office  of  the  secretary 


126  Automobile   Enactments. 

of  state,  on  a  blank  to  be  supplied  by  such  secretary,  a  statement 
which  shall  include  his  name  and  address  and  the  trade  name  and 
motive  power  of  the  motor  vehicle  or  vehicles  he  is  able  to  operate, 
and  shall  pay  a  registration  fee  of  two  dollars. 

Chauffeur's  registration  and  record. 

Subd.  2.  The  secretary  of  state  shall  thereupon  file  such  state- 
ment in  his  office,  register  such  chauffeur  in  a  book  or  index  to 
be  kept  for  that  purpose,  and  assign  him  a  number. 

Chauffeur's  badge. 

Subd.  3.  The  secretary  of  state  shall  forthwith,  upon  such  regis- 
tration and  without  other  fee,  insure  and  deliver  to  such  chauffeur 
a  badge  of  aluminum  or  other  suitable  metal  which  shall  be  oval 
in  form,  and  the  greater  diameter  of  which  shall  not  be  more  than 
two  inches,  and  such  badge  shall  have  stamped  thereon  the  words : 

"  Registered  Chauffeur,  No.  ,  State  of  California,"  with  the 

registration  number  inserted  therein ;  which  badge  shall  thereafter 
be  worn  by  such  chauffeur  pinned  upon  his  clothing  in  a  con- 
spicuous place  at  all  times  while  he  is  operating  a  motor  vehicle 
upon  the  public  highways. 

Fictitious  badge. 

Subd.  4.  No  chauffeur,  having  registered  as  herein  provided 
shall  voluntarily  permit  any  other  person  to  wear  his  badge,  nor 
shall  any  person  while  operating  a  motor  vehicle  wear  any  badge 
belonging  to  another  person,  or  a  fictitious  badge. 

Unregistered  chauffeur  may  not  operate. 

Subd.  5.  No  person  shall  operate  a  motor  vehicle  as  a  chauffeur 
upon  the  public  highways  after  thirty  days  after  this  act  takes 
effect,  unless  such  person  shall  have  complied  in  all  respects  with 
the  requirements  of  this  section. 

Penalties  for  violation. 

§  6.  Subdivision  1.  The  violation  of  any  of  the  provisions  of 
this  act  by  any  owner,  chauffeur  or  operator  of  any  motor  vehicle, 
shall  be  deemed  a  misdemeanor,  punishable,  upon  conviction 
thereof,  by  a  fine  not  exceeding  one  hundred  dollars  for  the  first 


California.  1 27 

offense,  and  punishable  by  a  fine  of  not  less  than  fifty  dollars  nor 
more  than  one  hundred  dollars,  or  imprisonment  ao1  exceeding 
thirty  days,  or  both,  for  a  second  offense,  and  punisti&bTe  by  a  fine 
of  not  less  than  one  hundred  dollars  nor  more  than  two  hundred 
and  fifty  dollars  and  imprisonment  not  exceeding  thirty  days  for 
a  third  or  subsequent  offense. 

Release  from  custody,  bail,  etc. 

Subd.  2.  In  case  the  owner  of  a  motor  vehicle  shall  be  taken  into 
custody  because  of  a  violation  of  any  provision  of  this  act,  he  shall 
be  forthwith  taken  before  the  nearest  justice  of  the  peace,  or  police 
judge  or  court,  and  be  entitled  to  an  immediate  hearing;  and  if 
such  hearing  cannot  then  be  had,  be  released  from  custody  on  giv- 
ing his  personal  undertaking  to  appear  and  answer  for  such  viola- 
tion, at  such  time  and  place  as  shall  then  be  ordered,  secured  by 
the  deposit  of  a  sum  equal  to  the  maximum  fine  for  the  offense 
with  which  he  is  charged,  or  in  lieu  thereof,  by  leaving  the  motor 
vehicle  owned  by  such  person  with  such  justice  of  the  peace,  police 
judge  or  clerk  of  such  police  court,  or,  in  case  such  justice  of  the 
peace  or  police  judge  is  not  accessible,  be  forthwith  released  from 
custody  on  giving  his  name  and  address  to  the  officer  making  such 
arrest,  and  depositing  with  such  officer  a  sum  equal  to  the  maxi- 
mum fine  for  the  offense  for  which  such  arest  is  made,  or  in  lieu 
thereof,  by  leaving  the  motor  vehicle  owned  by  such  person  with 
such  officer,  provided,  that  in  such  case  the  officer  making  such 
arrest  shall  give  a  receipt  in  writing  for  such  sum  or  vehicle  and 
by  endorsement  on  such  receipt  notify  such  person  to  appear  before 
the  nearest  justice  of  the  peace  or  police  judge  or  court,  on  the 
following  day,  naming  him  or  it  and  specifying  the  place  and  hour. 
In  case  security  shall  be  deposited,  as  in  this  subdivision  provided, 
it  shall  be  returned  to  the  person  depositing  forthwith  on  such 
person  being  admitted  to  bail,  on  the  surrender  of  any  receipt  or 
other  voucher  given  at  the  time  of  such  deposit.  If  such  person 
shall  fail  to  appear  before  the  magistrate  or  court  at  the  time 
ordered  or  specified,  the  amount  deposited  by  him  may  be  declared 
forfeited  and  disposed  of  as  money  deposited  for  bail  in  other 
cases,  or  the  motor  which  may  be  so  left  by  him  may  be  sold  at  a 
public  auction  by  order  of  the  justice  of  the  peace,  or  police  judge 
or  court,  and  from  the  amount  realized  upon  such  sale,  a  sum  equal 


128  Automobile   Enactments. 

to  the  maximum  fine  for  the  offense  charged  shall  be  disposed  of 
in  like  manner,  and  the  surplus,  if  any,  after  deducting  all  ex- 
penses incurred  in  keeping  or  sale  of  such  motor  vehicle,  be  re- 
turned to  such  owner  on  demand,  but  no  such  forfeiture  and  dis- 
position of  such  security  shall  in  anywise  impair  the  jurisdiction 
of  such  justice  of  the  peace,  police  judge  or  court  to  hear  and 
determine  any  such  charge  made  against  such  owner,  or  to  inflict, 
upon  conviction  thereof,  any  punishment  prescribed  by  this  act. 

Fees  to  be  paid  into  state  treasury. 

§  7.  The  amount  of  fees  received  by  the  secretary  of  state,  as 
in  this  act  provided,  shall  be  paid  into  the  state  treasury,  to  be 
paid  into  the  general  fund  of  the  state. 

Appropriations. 

§  8.  There  is  hereby  appropriated  out  of  any  money  in  the  state 
treasury  not  otherwise  appropriated,  the  sum  of  twenty  thousand 
dollars  ($20,000.00)  for  the  purpose  of  carrying  out  the  objects  of 
this  act,  to  be  used  by  the  secretary  of  state  in  the  employment  of 
the  necessary  clerk  or  clerks;  the  purchase  of  the  necessary  sta- 
tionery, books  and  postage;  for  the  necessary  incidental  expenses; 
for  the  purchase  of  the  necessary  seals  and  badges;  for  printing, 
ruling,  binding,  and  all  other  work  performed  and  materials  used 
by  the  state  printing  office,  to  be  used  during  the  balance  of  the 
fifty-sixth,  and  during  the  fifty-seventh  and  fifty-eighth  fiscal 
years.  The  state  controller  is  hereby  directed  to  draw  his  warrant 
for  any  claim  against  said  sum,  the  same  having  been  approved 
by  the  state  board  of  examiners,  and  the  state  treasurer  is  hereby 
directed  to  pay  the  same. 

Repeal. 

§  9.  All  acts  and  parts  of  acts  inconsistent  herewith  or  contrary 
hereto  are,  so  far  as  they  are  inconsistent  or  contrary,  hereby 
repealed. 

Takes  effect. 

§  10.  This  action  shall  take  effect  immediately. 


CONNECTICUT. 

Definition  of  term  "  motor  vehicle." 

Sec.  1.  Whenever  the  term  "  motor  vehicle  "  is  used  in  this  act, 
except  when  otherwise  expressly  provided,  it  shall  include  all 
vehicles  propelled  by  any  power  other  than  muscular,  except  road 
rollers,  fire  engines,  police  patrol  wagons,  ambulances  and  such 
vehicles  as  run  only  upon  rails  or  tracks. 

Owner's  registration  and  certificate. 

§  2.  Every  owner  of  one  or  more  motor  vehicles  shall  file  in  the 
office  of  the  secretary  of  the  state,  a  statement  of  his  name,  resi- 
dence and  post-office  address,  on  a  blank  furnished  by  the  said  sec- 
retary for  that  purpose,  and  shall  obtain  from  the  said  secretary  a 
numbered  certificate,  which  certificate  shall  state  the  name  of  such 
owner  and  that  he  has  registered  in  accordance  with  the  provisions 
of  this  act. 

Motor  vehicle  must  display  number  plate. 

§  3.  Every  such  motor  vehicle,  except  motor  bicycles,  shall,  at 
all  times  while  being  used  or  operated  upon  the  public  highways 
of  this  state,  have  displayed  in  a  conspicuous  place  and  manner, 
securely  fastened,  upon  both  the  front  and  rear  of  such  vehicle  a 
plate  or  marker,  the  plate  or  marker  on  the  rear  to  be  fastened  so 
as  not  to  swing,  which  markers  shall  be  obtained  from  the  said 
secretary  as  hereinafter  provided,  and  which  shall  bear  the  initial 
letter  of  this  state  and  the  number  of  the  certificate  issued  to  the 
owner  of  such  motor  vehicle,  the  letter  and  figures  thereon  to  be 
four  inches  high  and  each  stroke  thereof  to  be  one-half  inch  wide 
and  at  all  times  unobscured. 

Motor  bicycle  must  display  number  and  letter. 

§  4.  Every  motor  bicycle  shall,  at  all  times  while  being  used  or 
operated,  upon  the  public  highways  of  this  state  have  displayed 
thereon  the  initial  letter  of  this  state  and  the  number  of  the  certifi- 

T1291 


130  Automobile   Enactments. 

cate  issued  to  the  owner  of  such  motor  bicycle,  such  letter  and 
figures  to  be  at  least  one  inch  and  either  painted  on  such  motor 
bicycle  or  displayed  on  a  plate  or  marker  securely  fastened  thereto. 

Records  and  number  plates. 

§  5.  The  said  secretary  of  the  state  shall  keep  a  record  of  all 
statements  filed  with  him,  and  of  all  certificates  issued  by  him, 
which  record  shall  be  open  to  public  inspection;  he  shall  furnish, 
from  time  to  time,  at  cost  price  to  any  person  registered  under  the 
provisions  of  this  act,  as  many  plates  or  markers  as  may  be  required 
by  such  person  for  display  upon  the  one  or  more  motor  vehicles, 
except  motor  bicycles,  owned  by  him  at  the  time  of  such  regis- 
tration, or  thereafter  acquired,  the  number  on  such  plates  or 
markers  to  be  the  same  in  every  case  as  the  number  of  the  certifi- 
cate originally  issued  to  such  person  under  the  provisions  of  this 
act;  and  in  the  event  that  any  certificate  issued  by  the  said  sec- 
retary under  the  provisions  of  this  act  shall  be  lost  or  destroyed, 
he  shall  issue  to  the  person  whose  certificate  has  been  thus  lost  or 
destroyed  a  duplicate  thereof,  bearing  the  same  number  as  the 
certificate  originally  issued  to  such  person. 

Fee. 

§  6.  A  fee  of  one  dollar  shall  be  paid  to  the  said  secretary  of  the 
state  for  each  original  or  duplicate  certificate  issued  by  him  in 
accordance  with  the  provisions  of  this  act. 

Limitations  of  act,  motor  vehicles  for  hire  excepted. 

§  7.  No  license,  permit  or  registration  shall  be  required  of  the 
owner  or  operator  of  any  motor  vehicle  except  in  accordance  with 
the  provisions  of  this  act,  nor  shall  any  such  vehicle  be  required 
to  be  marked  in  any  way  except  in  accordance  with  the  provisions 
of  this  act;  but  nothing  in  this  section  contained  shall  apply  to 
such  motor  vehicles  as  are  offered  to  the  general  public  for  hire. 

Non-residents  exempt. 

§  8.  Any  non-resident  of  this  state  who  shall  have  complied  with 
the  laws  of  any  other  state  or  territory  of  the  United  States  requir- 
ing the  registration  of  owners  of  motor  vehicles,  or  of  motor 
vehicles,  or  of  both,  and  the  display  of  identification  numbers  on 


Connecticut.  ].!1 

such  motor  vehicles,  and  who  shall  cause  the  identification  numbers 

of  such  state  or  territory,  in  accordance  with  the  -4.rws  thereof, 
together  with  the  initial  letter  or  letters  of  the  state  or  territory 
issuing  the  same,  to  he  displayed  on  his  motor  vehicles  while  used 
or  operated  upon  the  public  highways  of  this  state  may  use  such 
highways,  for  a  period  not  to  exceed  fifteen  days  in  any  one  .Mar, 
without  complying  with  the  provisions  of  the  foregoing  sections  of 
this  act;  provided,  however,  that  if  any  non-resident  shall  be  con- 
victed of  violating  any  provision  of  section  ten  or  section  eleven 
of  this  act,  he  shall  thereafter  be  subject  to  and  required  to  comply 
with  all  the  provisions  of  sections  two,  three,  four,  five,  six,  seven, 
of  this  act. 

Offenses  prior  to  August  i,  1905. 

§  9.  No  prosecution  based  upon  sections  two,  three,  and  four  of 
this  act  shall  be  brought  for  any  offense  committed  prior  to  Aug- 
ust 1,  1905.  [By  an  amendment  approved  July  19,  1905,  it  was 
provided  that  no  prosecution  based  upon  the  provisions  requiring 
the  display  of  a  numbered  plate  or  marker,  shall  be  brought  for 
any  offense  committed  prior  to  September  1,  1905;  provided,  that 
the  number  of  such  motor  vehicle  required  by  chap.  107  of  the 
acts  of  1903  is  displayed  as  required  by  said  chapter.] 

Speed  limits. 

§  10.  No  person  shall  operate  a  motor  vehicle  on  the  public  high- 
ways of  this  state  at  a  rate  of  speed  greater  than  is  reasonable  and 
proper,  having  regard  to  the  width,  traffic  and  use  of  the  highway, 
or  so  as  to  endanger  property  or  the  life  or  limb  or  any  person,  or 
in  any  event,  within  the  limits  of  any  city  or  borough  at  a  greater 
rate  of  speed  than  one  mile  in  five  minutes,  or  outside  the  limits 
of  any  city  or  borough  at  a  greater  rate  of  speed  than  one  mile  in 
three  minutes. 

Rules  when  meeting  or  passing  persons  riding,  driving  or  walk- 
ing. 

§  11.  Upon  approaching  any  person  walking  in  the  traveled  por- 
tion of  any  public  highway,  or  a  horse  or  any  other  draft  animal 
being  led,  ridden,  or  driven  therein,  or  a  crossing  of  intersecting 
public  highways,  or  a  bridge  or  a  sharp  turn  or  curve,  or  a  steep 
descent,  and  also  in  passing  such  person,  horse  or  other  draft  ani- 
mal, and  in  traversing  such  crossing,  bridge,  turn,  curve  or  descent. 


132  Automobile   Enactments. 

the  person  operating  a  motor  vehicle  shall  have  the  same  under 
control  and  shall  reduce  its  speed.  If  such  horse  or  other  draft 
animal  being  so  led,  ridden,  or  driven  shall  appear  to  be  frightened, 
or  if  the  person  in  charge  thereof  shall  signal  so  to  do,  the  person 
operating  such  motor  vehicle  shall  bring  the  same  and  the  motor 
or  other  power  propelling  the  same  immediately  to  a  stop,  and  if 
traveling  in  the  opposite  direction,  shall  remain  stationary  so  long 
as  may  be  reasonable  to  allow  such  horse  or  animal  to  pass,  or,  if 
traveling  in  the  same  direction,  shall  use  reasonable  caution  in 
thereafter  passing  such  horse  or  other  animal. 

Local  ordinances  prohibited,  exceptions. 

§  12.  No  city,  town  or  borough  shall  have  any  power  to  make 
any  ordinance,  by-laws,  or  resolution  respecting  the  speed  of  motor 
vehicles,  and  no  ordinance,  by-law  or  resolution  heretofore  or  here- 
after made  by  any  city,  town  or  borough  in  respect  to  motor  vehi- 
cles shall  have  any  force  or  effect;  provided,  however,  that  powers 
given  to  any  town,  city  or  borough  to  regulate  shows,  processions, 
assemblages  or  parades  in  streets  and  public  places,  and  to  regulate 
the  use  of  public  parks,  and  all  ordinances,  by-laws  and  regula- 
tions which  may  have  been  or  which  may  be  enacted  in  pursuance 
of  said  powers,  shall  remain  in  full  force  and  effect. 

Jurisdiction  of  justice  of  peace. 

§  13.  In  all  complaints  for  the  violation  of  any  provision  of  this 
act  the  justice  of  the  peace  before  whom  the  same  shall  be  tried 
shall  have  jurisdiction  and  power  to  render  judgment  therein,  and 
issue  process  of  execution  and  mittimus  thereon,  where  such  fine  or 
penalty  imposed  shall  not  exceed  two  hundred  dollars,  or  imprison- 
ment for  thirty  days,  or  both;  but  the  defendant  shall  have  the 
right  of  appeal  as  in  other  cases. 

Punishment  for  violations. 

§  14.  Any  person  violating  any  provision  of  sections  ten  and 
eleven  of  this  act  shall  be  fined  not  more  than  two  hundred  dol- 
lars or  imprisoned  not  more  than  thirty  days,  or  both,  for  a  first 
offense,  and  shall  be  fined  not  more  than  five  hundred  dollars  or 
imprisonment  not  more  than  sixty  days,  or  both,  for  any  sub- 
sequent offense.  Any  person  violating  any  other  provision  of  this 
act  shall  be  fined  not  more  than  fifty  dollars. 


Connecticut.  133 

Repeal. 

§  15.  Chapters  one  hundred  and  seven  and  one-hundred  and 
eight  of  the  public  acts  of  nineteen  hundred  and  three  and  all 
other  acts  and  parts  of  acts  inconsistent  herewith  are  hereby 
repealed. 

When  act  takes  effect. 

§  16.  This  act  shall  take  effect  July  15,  1905. 

"  Rules  of  the  Road." 
Definition  of  vehicle. 

Sec.  1.  Whenever  the  term  vehicle  is  used  in  this  act  it  shall 
include  bicycles,  tricycles,  motor  bicycles,  motor  vehicles  of  all 
kinds,  vehicles  drawn  by  horses  or  other  animals,  and  all  other 
vehicles  used  for  the  carriage  of  persons  or  goods,  no  matter  how 
propelled,  excepting  only  such  vehicles  as  are  run  only  upon 
rails  or  tracks. 

Rule  when  meeting  or  passing. 

§  2.  Whenever  a  person  walking  in  the  traveled  portion  of  a 
public  highway,  or  a  person  riding,  driving  or  leading  a  horse  or 
other  animal  therein,  or  driving  or  operating  a  vehicle  therein, 
shall  meet  another  person  thus  walking  or  thus  riding,  driving, 
or  leading  a  horse  or  other  animal,  or  thus  driving  or  operating 
a  vehicle,  if  such  persons  are  moving  in  opposite  directions  each 
shall  slacken  his  pace,  if  necessary,  and  seasonably  turn  to  the  right 
so  as  to  give  half  of  the  traveled  road,  if  practicable,  and  a  fair 
and  equal  opportunity  to  pass,  to  the  other;  or,  if  they  are  moving 
in  the  same  direction,  the  person  overtaking  shall  pass  on  the  left 
side  of  the  person  overtaken,  and  the  person  overtaken  shall  as 
soon  as  practicable,  turn  to  the  right  so  as  to  give  half  of  the  trav- 
eled road  and  a  free  passage  on  the  left  to  the  other.  Any  such 
person  shall,  at  the  intersection  of  public  highways,  keep  to  the 
right  of  the  intersection  of  the  centers  of  such  highways  when 
turning  to  the  right,  and  pass  to  the  right  of  such  intersection 
when  turning  to  the  left. 

Penalty  for  violating  section  two  of  this  act. 

§  3.  Every  such  person  who  shall,  by  neglecting  to  conform  to 
the  provisions  of  section  two  of  this  act,  cause  any  injury  to  the 


134  Automobile   Enactments. 

person  or  property  of  another,  or  shall  negligently  collide  with 
another,  thereby  causing  such  injury,  shall  pay  to  the  party  injured 
treble  damages  and  costs. 

Owner  liable  for  injury  caused  by  servant,  etc. 

§  4.  If  the  owner  of  any  horse  or  other  animal,  or  of  any  vehicle 
shall  entrust  such  animal  or  vehicle  to  his  agent,  servant  or  em- 
ployee, to  be  ridden,  led,  driven  or  operated  by  such  agent,  servant 
or  employee  upon  the  public  highways  of  this  state,  or  shall  rent 
or  loan  the  same  to  an  incompetent  and  inexperienced  person  to  be 
thus  ridden,  led,  driven  or  operated,  and  such  agent,  servant  or 
employee  while  in  the  execution  of  such  owner's  business  within 
the  scope  of  his  authority,  or  such  incomptent  and  inexperienced 
person,  as  a  result  of  such  incompetency  and  inexperience,  shall, 
by  neglecting  to  conform  to  the  provisions  of  section  two  of  this 
act,  cause  any  injury  to  the  person  or  property  of  another,  or  shall 
negligently  collide  with  another,  thereby  causing  such  injury,  such 
owner  shall  pay  to  the  party  injured  his  actual  damages  and  costs; 
but  in  every  case  the  party  injured  shall  elect  whether  he  shall  pro- 
ceed against  such  owner  under  the  provisions  of  this  section  or 
against  the  person  actually  causing  such  injury  under  the  provi- 
sions of  section  three  of  this  act. 

Penalty  for  violation  of  section  two  of  this  act. 

§  5.  Any  person  violating  any  of  the  provisions  of  section  two  of 
this  act  shall  be  fined  not  more  than  fifty  dollars. 

Statutes  repealed. 

§  6.  Section  two  thousand  and  thirty-five,  two  thousand  and 
thirty-six,  two  thousand  and  thirty-seven  and  two  thousand  and 
thirty-eight  of  the  general  statutes  and  all  other  acts  and  parts  of 
acts  inconsistent  herewith  are  hereby  repealed. 

Approved  July  6,  1905. 


DELAWARE. 

Definition  of  motor  vehicle. 

Sec.  1.  Wherever  the  term  "  motor  vehicle  "  is  used  in  this  act 
it  shall  be  construed  to  include  automobiles,  locomobiles,  and  all 
other  vehicles  propelled  wholly  otherwise  than  by  muscular  power, 
excepting  cars  of  electric  and  steam  railways  and  other  motor 
vehicles  running  upon  rails  or  tracks;  but  nothing  in  this  act 
contained  shall  be  construed  to  apply  to  or  affect  bicycles,  tricycles 
or  such  other  vehicles  as  are  propelled  exclusively,  or  in  part,  by 
muscular  pedal  power. 

Owner's  registration,  application,  fee  and  certificate. 

§  2.  Every  resident  of  this  state  who  is  the  owner  of  a  motor 
vehicle  shall  file  in  the  office  of  the  secretary  of  state  a  declaration 
duly  verified  that  such  owner  is  competent  to  drive  the  motor  ve- 
hicle for  which  application  for  license  is  made,  and  a  written  state- 
ment containing  the  name  and  address  of  such  owner,  together 
with  a  brief  description  of  the  character  of  such  motor  vehicle, 
including  the  name  of  the  maker  and  the  manufacturer's  number 
of  the  motor  vehicle,  if  number  there  be,  and  the  rated  horse 
power  of  the  motor  vehicle,  and  shall  pay  to  the  secretary  of  state  a 
registration  fee  of  two  dollars  for  each  motor  vehicle ;  the  secretary 
of  state  shall  issue  for  each  motor  vehicle  so  registered  a  certificate, 
properly  numbered,  stating  that  such  motor  vehicle  is  registered  in 
accordance  with  this  section,  and  shall  cause  the  name  of  such 
owner,  with  his  address,  the  number  of  his  certificate,  and  a  descrip- 
tion of  such  motor  vehicle  or  motor  vehicles,  to  be  entered  in  an 
alphabetical  order  of  the  owners'  names  in  a  book  to  be  kept  for 
such  purpose;  this  section  shall  not  apply  to  manufacturers  or 
dealers  in  this  state  of  motor  vehicles  except  as  to  vehicles  kept  by 
such  manufacturer  or  such  dealer  for  private  use  or  for  hire. 

Non-residents. 

Any  non-resident  of  this  state  who  is  the  owner  of  a  motor  vehicle 
may  remain  in  this  state  for  a  period  of  forty-eight  hours  without 

[135] 


136  Automobile   Enactments. 

being  required  to  register  his  vehicle  in  accordance  with  the  pro- 
visions of  this  act.  Any  non-resident  of  this  state  who  is  the 
owner  of  a  motor  vehicle  who  shall  remain  in  this  state  for  a 
longer  period  than  forty-eight  hours  shall  be  subject  to  all  the 
provisions  of  this  act. 

Display  of  license  number. 

§  3.  The  owner  of  each  and  every  motor  vehicle  driving  the 
same  upon  the  public  streets,  public  roads,  turnpikes,  parks,  public 
parkways,  public  driveways  or  other  public  highways  in  this  state 
shall  have  the  number  of  the  license  issued  as  aforesaid  by  the 
secretary  of  state  upon  the  back  of  every  such  motor  vehicle,  in  a 
conspicuous  place  so  as  to  be  plainly  visible  at  all  times  during 
daylight,  such  numbers  to  be  separate  Arabic  numerals,  not  less 
than  three  inches  in  height,  the  strokes  to  be  of  a  width  not  less 
than  three-eights  of  an  inch,  and  such  owner  shall  not  be  required 
to  place  any  other  marks  of  identity  upon  said  motor  vehicle. 

Lamps,  colored  lights,  brakes,  and  bell. 

§  4.  Every  motor  vehicle  shall  carry,  during  the  period  from  one 
hour  after  sunset  to  one  hour  before  sunrise,  at  least  two  lighted 
lamps,  showing  white  lights,  visible  at  least  two  hundred  feet  in 
the  direction  toward  which  such  motor  vehicle  is  proceeding,  and 
shall  also  exhibit  one  red  light  visible  in  the  reverse  direction. 
Said  red  light  shall  be  so  hung  upon  the  motor  vehicle  so  that  it 
may  illuminate  and  make  visible  the  register  number  of  said  ve- 
hicle. Every  motor  vehicle  shall  also  be  provided  with  a  good  and 
efficient  brake  or  brakes,  and  shall  also  be  provided  with  suitable 
bell,  horn  or  other  signal  device. 

Speed  rates. 

§  5.  The  following  rates  of  speed  may  be  maintained,  but  shall 
not  be  exceeded  upon  any  public  street,  public  road,  or  turnpike, 
public  park  or  parkway,  or  public  driveway  or  public  highway  in 
this  state  by  any  one  driving  a  motor  vehicle : 

(a)  A  speed  of  one  mile  in  six  minutes  upon  the  sharp  curves 
of  a  street  or  highway  and  at  the  intersection  of  prominent  cross 
roads  where  such  street,  road  or  highway  passes  through  the  open 
country,  meaning  thereby  portions  of  a  town,  township,  borough  or 
village  where  houses  are  more  than  one  hundred  feet  apart. 


Delaware.  137 

(b)  A  speed  of  one  mile  in  seven  minutes  where  such  street  or 
highway  passes  through  the  built  up  portion  of  a  citjkJflWh,  bor- 
ough or  village  where  the  houses  are  an  average  less  one  hundred 
feet  apart. 

(c)  Elsewhere  and  except  as  otherwise  provided  in  subdivisions 
"a"  and  "b"  of  this  section  a  speed  of  one  mile  in  three  min- 
utes; provided,  however,  that  nothing  in  this  section  contained 
shall  permit  any  person  to  drive  a  motor  vehicle  at  any  speed 
greater  than  is  reasonable,  having  regard  to  the  traffic  and  use  of 
highways,  or  so  as  to  endanger  the  life  or  limb  or  to  injure  the 
property  of  any  person;  and  it  is  further  provided  that  nothing 
in  this  section  contained  shall  affect  the  right  of  any  person  injured 
either  in  his  person  or  property  by  the  negligent  operation  of  a 
motor  vehicle  to  sue  and  recover  damages  as  heretofore. 

Stopping  by  request  or  on  signal. 

§  6.  Every  person  driving  a  motor  vehicle  shall,  at  request  or 
upon  signal  by  putting  up  the  hand  or  otherwise  from  a  person 
riding  or  driving  a  horse  or  horses  in  the  opposite  direction,  cause 
the  motor  vehicle  to  stop  and  remain  stationary  so  long  as  may  be 
necessary  to  allow  said  horse  or  horses  to  pass  on. 

Rights  of  holders  of  a  certificate. 

§  7.  No  owner  of  a  motor  vehicle  who  shall  have  obtained  a 
certificate  from  the  secretary  of  state  as  hereinbefore  provided, 
shall  be  required  to  obtain  any  other  license  or  permit  to  use  or 
operate  the  same,  nor  shall  such  owner  be  excluded  or  prohibited 
from  or  limited  in  the  free  use  thereof,  nor  limited  as  to  speed 
upon  any  public  street,  avenue,  road,  turnpike,  driveway,  park- 
way, or  other  public  place,  at  any  time,  when  the  same  is  or  may 
hereafter  be  opened  to  the  use  of  persons  having  or  using  other 
pleasure  carriages,  nor  be  required  to  comply  with  other  provi- 
sions or  conditions  as  to  the  use  of  said  motor  vehicle. 

Penalties  for  noncompliance. 

§  8.  Any  person  driving  a  motor  vehicle  the  owner  of  which 
shall  not  have  complied  with  any  of  the  provisions  of  this  act,  or 
which  motor  vehicle  shall  display  a  fictitious  number,  the  same 
being  a  number  other  than  that  designated  for  such  motor  vehicle 


138  Automobile   Enactments. 

by  the  secretary  of  state,  shall,  upon  conviction,  be  fined  in  a  sum 
not  exceeding  one  hundred  dollars,  and,  in  default  of  payment 
thereof,  be  punished  by  imprisonment  in  the  county  jail  for  a 
period  not  exceeding  thirty  days,  provided,  this  section  shall  not 
be  construed  to  prohibit  a  motor  vehicle  displaying  the  proper  num- 
ber of  its  license  from  also  displaying  any  other  number  for  any 
lawful  purpose. 

Penalty  for  racing  on  public  highway. 

§  9.  Any  person  driving  a  motor  vehicle  upon  any  public  streets, 
public  highways,  public  roads,  turnpikes,  parks,  public  parkways 
or  public  driveways  in  this  state  in  a  race  or  on  a  bet  or  wager 
shall,  upon  conviction,  be  fined  in  a  sum  not  exceeding  fifty  dollars, 
and,  in  default  of  payment  thereof,  be  punished  by  imprisonment 
in  the  county  jail  for  a  period  not  exceeding  twenty  days. 

Justice  of  the  peace  to  have  jurisdiction. 

§  10.  The  justice  of  the  peace  of  this  state  shall  have  jurisdic- 
tion of  all  offenses  against  the  provisions  of  this  act,  and  upon 
oath  or  affirmation  made  that  any  person  has  violated  any  of  the 
provisions  of  this  act,  any  justice  of  the  peace  of  the  state  of 
Delaware  may  issue  a  warrant  for  the  arrest  of  the  person  so 
charged.  Said  warrant  shall  state  what  section  or  provisions  of 
this  act  is  alleged  to  have  been  violated  by  the  defendant  or  defend- 
ants and  the  time  and  place  of  said  violation,  and  immediately 
upon  the  arrest  of  such  person,  at  any  time  to  which  the  trial  may 
be  adjourned,  the  justice  of  the  peace  before  whom  said  complaint 
shall  be  made,  shall  proceed  with  the  trial  of  the  case,  and  shall 
hear  the  testimony,  and  determine  and  give  judgment  in  the  mat- 
ter, and  if  upon  such  trial  the  justice  of  the  peace  shall  find  the 
person  arrested  to  be  guilty,  he  shall  give  judgment  for  such  pen- 
alty, as  is  provided  for  in  this  act,  and  for  such  costs  as  are  now 
allowed  by  law  in  the  prosecution  of  cases  before  justices  of  the 
peace  in  this  state,  and,  in  default  of  the  payment  of  the  judg- 
ment and  the  costs,  the  defendant  so  convicted  may  be  sentenced 
to  imprisonment  for  such  period  as  is  provided  for  in  the  provi- 
sions of  this  act.  The  justice  of  the  peace  before  whom  a  com- 
plaint is  made  shall  adjourn  the  hearing  of  said  case  for  a  time 
not  exceeding  ten  days,  if  the  defendant  shall  so  request  and  shall 


Delaware.  1 :  Ij  I 

deposit  the  sum  of  one  hundred  dollars  with  the  justice  of  the 
peace  as  security  to  appear  at  the  time  and  place  to— which  aaid 
hearing  may  be  adjourned,  and  if  the  said  defendant  fails  to  so 
appear,  then  the  said  sum  of  one  hundred  dollars,  so  dep< 
shall  be  forfeited  to  the  county  wherein  the  alleged  offense  is  com- 
mitted. 

Constable  may  arrest,  procedure  thereafter. 

§  11.  Any  constable  or  police  officer  is  hereby  authorized  to 
arrest  without  warrant  any  person  driving  a  motor  vehicle  contrary 
to  the  fifth  section  of  this  act,  and  bring  the  person  so  offending 
before  any  justice  of  the  peace  of  the  state  of  Delaware.  The  per- 
son so  offending  shall  be  detained  in  the  office  of  such  justice 
of  the  peace  until  the  officer  or  constable  making  such  arrest 
shall  make  oath  or  affirmation,  which  he  shall  do  forthwith,  as 
provided  in  section  ten  of  this  act,  whereupon  said  justice  of 
the  peace  shall  issue  a  warrant  returnable  forthwith  in  accord- 
ance with  the  provisions  of  section  ten  of  this  act.  Any  defendant 
convicted  under  any  of  the  provisions  of  this  act  may  appeal  from 
the  judgment  or  sentence  of  the  justice  of  the  peace  to  the  court 
of  general  sessions  of  the  state  of  Delaware  in  and  for  the  county 
in  which  the  said  offense  is  alleged  to  have  been  committed,  within 
three  days  from  the  date  of  said  sentence.  Any  defendant  appeal- 
ing shall  enter  into  recognizance  with  sufficient  surety  in  such 
sum  as  may  be  satisfactory  to  the  justice,  conditioned  for  the  ap- 
pearance of  said  defendant  at  the  next  court  of  general  sessions  for 
the  county  where  the  offense  is  alleged  to  have  been  committed. 
Upon  appeal  the  said  court  of  general  sessions  shall  have  the 
same  jurisdiction  to  hear  and  determine  the  appeal  as  it  now  has 
by  law  for  the  trial  of  misdemeanors,  and  the  proceedings  shall  be 
by  indictment  by  grand  jury  and  trial  by  petit  jury. 

Penalty  for  violations  not  otherwise  provided  for. 

§  12.  Any  person  violating  any  of  the  provisions  of  this  act,  for 
which  violation  no  specific  penalty  is  provided,  shall,  upon  con- 
viction, be  fined  in  a  sum  not  exceeding  one  hundred  dollars,  and 
in  default  of  payment  thereof,  may  be  punished  by  imprisonment 
in  the  county  jail  or  workhouse  for  a  period  not  exceeding  thirty 
days. 


140  Automobile   Enactments. 

Penalty  for  tampering  with  machine. 

§  13.  Any  person  using,  interfering  or  tampering  with  any 
motor  vehicle  without  the  permission  of  the  owner  or  the  person  in 
charge  of  said  motor  vehicle,  shall,  upon  conviction,  be  fined  in  a 
sum  not  exceeding  one  hundred  dollars  and  in  default  of  payment 
thereof,  may  be  imprisoned  for  a  period  not  exceeding  thirty  days. 

Traction  engines  exempted. 

§  14.  That  traction  engines  used  for  agricultural  purposes  shall 
be  exempted  from  the  provisions  of  this  act. 

Repeal. 

§  15.  All  acts  or  parts  of  acts  inconsistent  herewith  are  hereby 
repealed. 

Passed  at  Dover,  Delaware,  March  2,  A.  D.  1905. 


DISTRICT  OF  COLUMBIA. 

Application  for  permit  to  operate,  examination  and  registration. 

Sec.  1.  It  shall  be  unlawful  for  any  person  or  persons  with  the 
exception  herinafter  named,  to  operate  any  motor  vehicle  of  any 
kind,  the  motive  power  for  which  shall  be  electricity,  steam,  gas, 
gasoline,  oil,  naptha,  or  other  similar  source  of  energy,  whether 
such  vehicle  be  used  as  public  hack,  truck,  or  for  hire,  or  for  private 
use  for  pleasure  or  business,  except  railroad  locomotives  and  elec- 
tric cars,  until  such  person  has  first  made  application  in  writing 
and  presented  himself  or  herself,  for  examination  before  a  board 
of  examiners  to  be  appointed  by  the  commissioners  of  the  District 
of  Columbia,  who  shall  examine  such  applicant  as  to  his  or  her 
competency  to  operate  the  specified  vehicle  and  make  a  report  of 
such  examination  to  the  said  commissioners,  who,  if  they  are  satis- 
fied the  applicant  is  qualified  to  operate  the  specified  vehicle,  will 
issue  a  permit  therefor.  Persons  licensed  by  the  board  of  exam- 
iners of  steam  engineers  previous  to  the  adoption  of  these  regula- 
tions will  not  be  required  to  undergo  another  examination,  but 
within  thirty  days  from  such  adoption  each  such  person  shall 
register  his  or  her  name  with  the  secretary  of  the  board  of  com- 
missioners in  order  to  receive  the  permit  number  mentioned  in 
section  two  of  these  regulations;  provided,  however,  that  these 
regulations  shall  not  apply  to  any  person  learning  to  operate  motor 
vehicles,  in  case  such  learner  is  accompanied  by  a  licensed  operator, 
who  shall  be  held  responsible  for  the  strict  observance  of  these 
regulations  by  such  learner. 

Permit,  display  of  number,  exemption  of  non-residents. 

§  2.  Each  permit  issued  hereunder  shall  be  numbered,  and  shall 
contain  the  name  and  address  of  the  person  in  whose  favor  it  is 
issued,  and  shall  describe  definitely  the  kind  of  vehicle  to  be  oper- 
ated thereunder. 

Each  machine  shall  be  identified  by  a  number,  which  shall  be 
conspicuously  displayed  upon  the  rear  of  the  vehicle,  so  as  to  be 

[141] 


142  Automobile   Enactments. 

plainly  visible,  the  figures  to  be  separate  Arabic  numerals  not  less 
than  three  inches  high,  and  the  strokes  not  less  than  three-eights 
of  an  inch  in  width ;  and  also  as  a  part  of  such  number  the  initial 
letters  D.  C.  (placed  perpendicularly  after  the  numerals),  each 
letter  to  be  not  less  than  one  inch  in  height.  Numbers  shall  not  be 
transferred  from  one  vehicle  to  another,  nor  shall  machine  num- 
bers be  loaned  from  one  person  to  another,  nor  shall  fictitious  num- 
bers be  used. 

That  so  much  of  article  twenty-four,  section  two,  of  the  police 
regulations  of  the  District  of  Columbia,  as  requires  the  placing 
of  numbers  on  motor  vehicles  shall  not  apply  where  tourists  or 
non-resident  owners  of  motor  vehicles,  who  have  complied  with  any 
law  requiring  the  registration  of  owners  of  motor  vehicles  in  the 
state,  territory  or  federal  district  of  their  residence  and  the  regis- 
tration number  showing  the  initial  of  such  state,  territory  or  fed- 
eral district  is  displayed  on  such  vehicle,  but  all  such  owners  shall 
be  required  by  the  police  to  register  the  description  and  designa- 
tion numbers  of  their  motor  vehicles,  giving  temporary  address  in 
the  District  of  Columbia  and  their  home  address,  with  the  secre- 
tary of  the  automobile  board;  such  registration  to  entitle  such 
registered  motor  vehicles  to  be  operated  in  the  District  of  Colum- 
bia for  a  period  not  to  exceed  sixty  (60)  days. 

Lamps. 

§  3.  Each  vehicle  to  which  these  regulations  refer  shall  be 
equipped  with  at  least  two  suitable  lamps  to  be  approved  by  the 
commissioners  of  the  District  of  Columbia,  such  lamps  to  be  car- 
ried at  the  front  of  the  vehicle,  one  on  each  side.  There  shall  also 
be  a  lamp  attached  to  the  left  side  of  the  rear  of  the  such  vehicle, 
so  as  to  throw  a  white  light  upon,  and  thus  make  plainly  visible 
the  machine  number,  and  to  show  a  red  light  to  the  rear.  The  said 
lamps  shall  be  kept  brightly  burning  from  one-half  hour  after  sun- 
set as  long  as  the  vehicle  is  used  at  night.  Provided,  The  pro- 
visions of  this  section  requiring  the  placing  of  a  lamp  upon  the 
rear  of  vehicles  shall  not  apply  to  motor  cycles. 

Lock. 

§  4.  Each  vehicle  to  which  these  regulations  refer  shall  be  pro- 
vided with  a  lock  suitable  to  lock  the  starting  lever,  throttle  or 


District  of   Columbia.  L43 

switch  by  which  the  vehicle  is  set  in  motion,  and  uo  person 
allow  any  motor  vehicle  operated  by  him,  or  by  heiito  stand  or 
remained  unattended  on  any  of  the  streets,  avenues]  roads,  alleys, 
highways,  parks,  parkways,  or  other  public  places,  without  having 
tirst  locked  the  lever,  throttle,  or  switch,  by  which  the  vehicle  may 
be  started. 

Right  of  way. 

§  5.  Motor  vehicles  moving  north  or  south  shall  have  the  right 
of  way  over  motor  vehicles  moving  east  or  west,  but  this  right  of 
way  shall  not  be  construed  as  relieving  the  operator  of  any  motor 
vehicle  having  such  right  of  way  from  exercising  due  caution 
to  prevent  collision  with  other  vehicles  or  with  pedestrians. 

Intoxicated  persons  may  not  operate. 

§  6.  No  person  shall  operate  or  attempt  to  operate  any  motor 
vehicle  while  such  person  is  in  a  state  of  intoxication,  or  is  in 
other  respects  incapable  of  properly  and  safely  operating  said 
motor  vehicle. 

Careless  or  reckless  operator. 

§  7.  No  person  shall  operate  or  attempt  to  operate  any  motor 
vehicle  on  any  of  the  streets,  avenues,  roads,  alleys,  highways, 
parks,  parkways,  or  other  public  places,  in  a  careless  or  reckless 
manner  so  as  to  endanger  the  life,  person  or  property  of  any  other 
users  of  such  public  places. 

Exhibition  of  permit. 

§  8.  Each  person  shall  exhibit  his  or  her  permit  to  any  police 
officer  or  to  any  member  of  the  above  mentioned  board  of  examiners, 
when  demand  for  such  exhibit  is  made. 

Penalty  for  violation. 

§  9.  Any  person  attempting  to  operate  or  operating  any  vehicle 
covered  by  the  provisions  of  these  regulations  on  any  of  the  streets, 
avenues,  roads,  alleys,  highways,  parks,  parkways  or  other  public 
places  within  the  District  of  Columbia,  without  first  obtaining  a 
permit  to  do  so,  or  who  shall  otherwise  violate  any  of  the  provi- 
sions or  requirements  of  these  regulations,  shall  be  punished,  on 


144  Automobile   Enactments. 

conviction  thereof,  by  a  fine  of  not  more  than  forty  dollars  for 
each  and  every  violation. 

Article  X. 
Bells,  horns  and  lights. 

§  4.  .  .  .  motor  carriages  and  all  cycles,  bicycles,  tricycles 
.  .  .  shall  have  at  all  times  a  suitable  gong  or  bell  (or  in  case 
of  motor  vehicles,  a  suitable  horn)  sufficiently  distinctive  from  the 
bells  provided  for  the  fire  department  and  ambulance  service,  so 
attached  as  to  be  readily  sounded  for  the  purpose  of  warning  per- 
sons of  their  approach ;  and  all  cycles,  bicycles,  tricycles  and  motor 
vehicles  in  motion  between  one  hour  after  sunset  and  one  hour 
before  sunrise,  shall  display  suitable  lights. 

Traffic  regulations. 

§  5.  The  drivers  of  vehicles  in  motion  and  following  each  other 
on  any  street,  avenue  or  alley  within  the  District  of  Columbia 
shall  maintain  a  clear  interval  of  not  less  than  fifteen  feet  between 
every  two  consecutive  carriages,  carts  or  wagons,  including  the 
animals  drawing  the  same ;  and  the  driver  of  every  carriage,  cart 
or  other  vehicle  shall  at  all  times  keep  either  upon  the  seat  thereof 
or  at  the  head  of  the  animal  or  team  drawing  the  same.  Vehicles 
shall  not  be  allowed  to  stand  or  be  driven  two  or  more  abreast 
on  either  side  of  streets  upon  which  are  double  street  car  tracks, 
unless  the  roadway  is  more  than  fifty  feet  wide. 

Rules  on  meeting,  turning  around  or  passing  other  vehicles. 

§  6.  Every  vehicle  in  motion  on  a  public  highway  shall  keep  on 
the  right  side  thereof.  Pennsylvania  avenue  shall  be  considered 
as  two  streets,  separated  by  the  car  tracks,  but  the  general  move- 
ment of  vehicles  thereon  shall  be  subordinated  to  the  business 
of  the  shops  and  stores.  Every  vehicle,  when  passing  another  ve- 
hicle facing  or  moving  the  opposite  direction,  shall  pass  to  the 
right;  but  in  passing  another  vehicle  moving  in  the  same  direc- 
tion, shall  pass  to  the  left.  When  a  vehicle  is  to  be  turned  around 
it  shall  have  the  right  of  way,  if  turned  to  the  right.  If  necessary 
to  turn  about  to  the  left,  the  person  in  charge  thereof  shall  see 
that  his  way  is  clear  before  turning.  Every  vehicle  turning  to  the 
left,  into  an  intersecting  street,  shall  move  so  as  to  leave  sufficient 


District  of  Columbia.  1  15 

clear  space  between  it  and  the  left-hand  curb  to  permit  the  safe 
passage  of  another  vehicle.  Every  vehicle  in  turning-^- corner  to 
the  right,  shall  keep  to  the  right  of  the  center  of  the  strict.  N'<> 
vehicle  shall  be  so  directed  as  to  crowd  any  person  on  a  bicycle  on 
or  against  the  curb  of  the  street,  or  on  or  against  any  other  vehicle 
or  object  on  such  street  or  off  or  over  any  embankment  or  into  any 
aperture  or  depression.  Travel  on  the  public  streets  shall  be  regu- 
lated at  all  intersecting  crossings  by  allowing  the  right  of  way  to 
those  going  north  and  south. 

Vehicles  shall  not  stop. 

§  8.  No  vehicle  shall  stop  abreast  of  another  vehicle  upon  any 
street,  to  the  obstruction  of  traffic  therein,  nor  shall  any  vehicle 
6top  upon  a  street  crossing  or  upon  the  carriage  way  of  a  street 
intersection. 

Privileges  of  certain  public  vehicles. 

§  9.  Vehicles  of  the  police,  fire,  health  and  water  departments 
and  hospital  ambulances  shall  have  the  right  of  way  in  and  upon 
highways,  streets,  avenues  and  alleys  over  all  other  vehicles,  and 
the  sounding  of  the  bell  or  gong  thereon  shall  constitute  a  warn- 
ing and  direction  to  other  vehicles  and  pedestrians  to  clear  the 
road.  In  cases  wherein  the  emergency  is  so  great  that  more  than 
ordinary  speed  is  required  to  save- human  life,  to  preserve  property 
or  prevent  its  destruction,  or  to  prevent  great  inconvenience  to  the 
public,  the  regulations  limiting  the  speed  of  vehicles  shall  not  be 
deemed  to  apply  to  the  vehicles  above  named,  nor  to  those  of  the 
street  railway  companies  called  to  make  emergent  repairs. 

Street  cars  have  right  of  way  on  tracks. 

§  15.  Street  cars  within  the  District  of  Columbia  shall  have  the 
right  of  way  upon  their  respective  tracks,  except  as  to  vehicles  of 
the  fire,  police,  water,  and  health  departments  and  hospital  am- 
bulances, and  as  otherwise  provided;  and  no  person  shall  obstruct 
or  delay  the  movements  thereof,  at  the  lawful  rate  of  speed  herein- 
after designated. 

Rate   of   speed,   bicycles,    penalty    for   operating   steam    vehicle 
without  a  license. 

§  28.  No  bicycle,  horseless  or  motor  vehicle  shall  be  propelled  in 
the  city  of  Washington  around  any  corner  at  a  greater  rate  of 
10 


146  Automobile   Enactments. 

speed  than  four  miles  an  hour,  nor  across  any  intersecting  streets 
on  which  there  are  car  tracks  at  a  greater  rate  of  speed  than  six 
miles  an  hour,  nor  at  a  greater  rate  of  speed  than  twelve  miles  an 
hour  between  intersecting  streets  and  avenues  or  across  streets  on 
which  there  are  no  car  lines;  nor  on  any  public  street  or  roadway 
outside  of  said  city  at  a  greater  rate  of  speed  than  fifteen  miles 
an  hour.  Every  such  bicycle  or  vehicle  while  in  motion  on  any 
public  highway  shall  at  all  times  be  under  control  of  the  rider  or 
operator  thereof.  No  bicycle  shall  be  ridden  on  the  streets  within 
the  city  limits  with  the  lower  end  of  the  handle-bars  on  a  plane 
lower  than  four  inches  below  the  top  of  the  saddle  at  the  center. 
Any  person  who  shall  operate  in  the  District  of  Columbia  any 
vehicle  propelled  by  steam  without  first  having  obtained  a  license 
to  do  so  from  the  board  of  examiners  of  steam  engineers  of  said 
district,  shall,  upon  conviction  thereof,  be  fined  not  less  than  one 
nor  more  than  forty  dollars  for  each  such  offense  provided,  that 
this  section  shall  not  apply  to  railroad  engineers  in  charge  of 
engines  upon  the  tracks  of  steam  railroads  in  said  district. 

Bridges. 

§  32.  That  all  bridges  in  the  District  of  Columbia,  except  the 
Aqueduct  bridge  over  Rock  creek,  are  hereby  declared  improved 
public  highways  and  as  such  public  highways  the  provisions  of 
this  article,  so  far  as  they  are  applicable,  are  hereby  extended  to 
them. 

That  on  the  following  bridges,  namely :  The  Chain  bridge 
over  the  Potomac  river,  K  street  bridge  over  Rock  creek,  N  street 
bridge  over  James  creek  canal,  and  Navy  Yard  bridge  over  the 
eastern  branch  of  the  Potomac  river,  the  maximum  rate  of  travel 
shall  not  be  greater  than  a  walk.  On  all  other  bridges  the  afore- 
said maximum  rate  shall  apply  to  loaded  teams,  but  may  be  in- 
creased to  six  miles  an  hour  for  carriages  and  light  vehicles. 

Penalties  for  violation. 

§  34.  Any  person  violating  any  of  the  provisions  of  any  sec- 
tion of  this  article  a  penalty  for  which  is  not  heretofore  provided, 
shall,  on  conviction  thereof,  be  punished  by  a  fine  of  not  less  than 
one  dollar  nor  more  than  forty  dollars  for  each  offense. 


146a 


RECENT  ENACTMENT  FOR  THE  DISTRICT  OF-GOLUMBIA. 

Note.  —  This    Act    was    passed    bj    the    Fifty-ninth    Congress,    lir-t 
Session,   1906,  while  our  book   was  going  to   press. 

The  Publishers. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  assembled,  That  no  person  shall 
drive  or  propel,  or  cause  to  be  driven  or  propelled,  any  automobile, 
horseless  or  motor  vehicle,  bicycle,  or  horse-drawn  vehicle  within  the 
fire  limits  of  the  District  of  Columbia,  as  said  fire  limits  are  now 
defined  or  may  hereafter  be  defined  from  time  to  time  in  and  by  Un- 
building regulations  of  said  District,  upon  any  street,  avenue,  alley,  or 
public  highway  at  a  greater  rate  of  speed  than  twelve  miles  an  hour 
between  intersecting  streets  and  avenues;  nor  at  a  greater  rate  of 
speed  than  fifteen  miles  an  hour  through  any  of  the  parks  within  said 
District;  nor  across  streets  at  a  greater  speed  than  eight  miles  an  hour; 
nor  at  a  greater  rate  of  speed  than  six  miles  an  hour  around  the 
corners  of  any  street  or  avenue;  nor  at  a  greater  rate  of  speed  than 
four  miles  an  hour  on  the  east  side  of  Fifteenth  street  northwesl  be 
tween  the  south  building  line  of  (i  street  and  the  south  curb  line  of 
New  York  avenue;  nor  on  the  west  side  of  Fifteenth  street  northwest 
between  the  line  which  would  be  the  south  building  line  of  <<  street 
if  extended  to  the  west  side  of  Fifteenth  street  and  from  said  extended 
line  north  to  the  north  curb  line  of  Pennsylvania  avenue:  nor  at  the 
intersection  of  Ninth  and  F  streets  northwest  bet  ween  the  building 
lines  of  the  said  streets;  nor  at  the  intersection  of  Ninth  and  ('•  streets 
northwest  between  the  building  lines  of  said  streets;  nor  at  the  inter- 
section of  Eleventh  and  F  streets  northwest  between  the  building  lines 
of  the  said  streets;  nor  at  the  intersection  of  Eleventh  and  <;  streets 
northwest  between  the  building  lines  of  the  said  streets;  nor  on  any 
public  roadway,  street,  avenue,  or  alley  within  said  District  outside  of 
said  fire  limits  at  a  greater  rate  of  speed  than  twenty  miles  an  hour: 
and  when  meeting  or  passing  any  other  vehicle  the  speed  shall  nol  exceed 
twelve  miles  an  hour,  and  any  automobile  shall  be  brought  to  a  full 
stop  whenever  the  driver  of  a  horse-drawn  vehicle  shall  signal  by  raising 
the  hand,  and  said  vehicles  shall  at  all  times  be  under  the  control  of 
the  driver  or  operator;  and  the  driver  or  operator  and  the  owner  or 
proprietor  riding  thereon  or  therein  violating  any  of  the  provisions 
hereof  shall,  upon  conviction  for  the  firsl  offense,  be  lined  not  less 
than  five  dollars  nor  more  than  fifty  dollars,  and  shall,  upon  conviction 
for  the  second  offense  within  one  year  from  the  commission  of  the  firsl 
offense,  be  fined   not    less   than    ten   dollars    nor   more   than   one   hundred 


146  b 

dollars,  or  imprisoned  for  not  less  than  five  days  nor  more  than  thirty 
days,  at  the  discretion  of  the  court;  and  shall,  upon  conviction  for  the 
third  offense  within  one  year  from  the  commission  of  the  first  offense, 
and  for  any  and  all  subsequent  offenses,  be  fined  not  less  than  fifty 
dollars  nor  more  than  two  hundred  and  fifty  dollars,  and  be  imprisoned 
in  the  workhouse  for  not  less  than  thirty  days  nor  more  than  six 
months. 

§  2.  That  prosecutions  for  violation  of  the  provisions  of  this  Act 
shall  be  on  information  filed  in  the  police  court  of  the  District  of 
Columbia  by  the  corporation  counsel  or  any  of  his  assistants. 

§  3.  That  this  Act  shall  not  be  held  to  take  away  the  authority  of 
the  Commissioners  of  the  District  of  Columbia  to  make  police  regula- 
tions not  inconsistent  herewith. 


FLORIDA. 

Filing  statement. 

Sec.  1.  All  persons  owning  or  operating  vehicles  propelled  by 
any  power  other  than  muscular  power,  excepting  such  motor  vehi- 
cles as  run  only  upon  rails  or  tracks,  shall  file  with  the  secretary 
of  state  of  the  state  of  Florida,  the  name  of  owner,  with  a  brief 
description  of  the  motor  vehicle,  including  the  horse  power  and 
make  of  such  "  motor  vehicle  "  on  a  blank  form  to  be  furnished 
by  the  secretary  of  state  for  identification.  The  filing  or  registra- 
tion fee  shall  be  two  dollars. 

Registration,  record  and  certificate. 

§  2.  The  secretary  of  state  shall  thereupon  enter  of  record  in  a 
book  to  be  kept  by  him  for  that  purpose,  the  name  of  the  owner, 
the  number  and  kind  of  motor  vehicle  registered,  and  shall  issue 
to  the  owner  or  operator  thereof  a  certificate  of  registration. 

Bells,  lamps  and  registration  number. 

§  3.  Every  such  registered  motor  vehicle  shall  while  in  use  on 
a  public  road  or  highway,  be  provided  by  the  owner  with  a  suitable 
bell,  horn  or  whistle  to  be  used  as  a  signal.  They  shall  likewise  be 
provided  with  two  lamps  which  shall  be  lighted  between  sunset 
and  sunrise  when  in  use  on  the  public  highways  of  the  state. 
Every  such  motor  vehicle  shall  also  have  displayed  on  the  back  of 
such  vehicle  in  such  manner  as  to  be  plainly  visible,  numbers  to 
be  in  Arabic  numerals  of  not  loss  than  three  inches  long  and  two 
inches  wide,  and  the  owner  or  person  operating  such  vehicle  shall 
at  all  times  when  using  the  same,  carry  with  them  the  certificate 
of  registration  or  permit  issued  by  the  secretary  of  state. 

Transfer  record  and  fee. 

§  4.  In  case  of  sale  or  exchange  of  registered  motor  vehicles,  the 
person  becoming  owner  thereof  shall  have  such  transfer  entered 
on  the  records  of  the  secretary  of  state,  and  shall  pay  a  fee  of  two 
dollars  therefor. 

[147] 


148  Automobile   Enactments. 

Punishment. 

§  5.  Any  person  failing  to  comply  with  sections  one,  two,  three 
and  four  of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  be  fined  not  exceeding  one  hundred  dollars. 

Speed. 

§  6.  No  person  shall  operate  any  such  registered  vehicle  on  a 
public  highway  at  a  rate  of  speed  greater  than  is  proper  or  reason- 
able, having  due  regard  to  the  traffic  and  use  of  the  highway,  or 
so  as  to  endanger  the  life  or  limb  of  any  person,  or  the  safety  of 
any  property. 

Speed  at  crossings,  et  cetera. 

§  7.  Upon  approaching  any  sharp  curve,  bridges,  fills  and  inter- 
sections of,  or  crossings  of  other  roads,  the  person  operating  a 
motor  vehicle  required  to  be  registered  shall  not  run  the  same  at  a 
rate  of  speed  exceeding  four  miles  per  hour,  and  shall  at  all  times 
while  on  the  public  highways  have  said  motor  vehicle  under  perfect 
control. 

Meeting  horses,  et  cetera. 

§  8.  Upon  approaching  a  person  walking  in  the  roadway  of  a 
public  highway,  or  a  horse  or  horses,  or  other  draft  animals,  being 
ridden,  led  or  driven  thereon,  a  person  operating  any  such 
registered  motor  vehicle  shall  give  ample  signal  or  warning  of  its 
approach,  and  use  every  reasonable  precaution  to  insure  the  safety 
of  such  person  or  animal,  and,  in  case  of  horses  or  other  draft 
animals  to  prevent  frightening  the  same. 

Stopping  on  signal. 

§  9.  Any  person  operating  any  such  registered  motor  vehicle 
shall,  at  request  or  on  signal  by  putting  up  the  hand,  from  a  per- 
son riding,  leading  or  driving  a  restive  horse  or  horses  or  other 
draft  animals,  bring  such  motor  vehicle  immediately  to  a  stop, 
and  if  traveling  in  the  opposite  direction,  remain  stationary  so 
long  as  may  be  reasonable  to  allow  such  horse  or  animal  to  pass, 
and,  if  traveling  in  the  same  direction,  use  reasonable  caution  in 
thereafter  passing  such  horse  or  animal.     Provided  that,  in  case 


Florida.  L49 

such   horse   or   animal   appears   badly    frightened    or    the 
operating  such  motor  vehicle  is  requested  so  to  do,  such,  i 
shall  cause  the  motor  of  such  vehicle  to  cease  running  so  long  as 
6hall  be  reasonably  necessary  to  prevent  accident  and  insure  the 
safety  of  others. 

Owner's  name  and  address  to  be  given  in  case  of  accident. 

§  10.  In  case  of  accident  to  a  person  or  properly  on  the  public 
highways,  due  to  the  operation  thereon  of  any  such  registered 
motor  vehicle,  the  person  operating  such  vehicle  shall  stop,  and, 
upon  request  of  a  person  injured,  or  any  person  present  give  such 
person  his  name  and  address  and  if  not  the  owner,  the  name  and 
address  of  the  owner. 

Speed  tests  and  races. 

§  11.  Boards  of  county  commissioners  may,  notwithstanding 
the  other  provisions  of  this  act,  upon  application  by  reputable 
citizens,  set  aside  for  a  given  time  a  specified  public  highway  for 
speed  tests  or  races,  to  be  conducted  under  proper  restrictions  for 
the  safety  of  the  public. 

Chauffeurs  registration. 

§  12.  Every  person  hereafter  desiring  to  operate  any  such 
registered  motor  vehicle  as  a  chauffeur  shall  file  in  the  office  of 
the  secretary  of  state,  on  a  blank  to  be  supplied  by  such  secretary, 
a  statement  which  shall  include  his  name  and  address  and  the 
trade  name  and  motive  power  of  the  motor  vehicle  he  is  able  to 
operate  and  shall  pay  a  registration  fee  of  two  dollars.  The  secre- 
tary of  state  shall  thereupon  file  such  statement  in  office,  register 
such  chauffeur  in  a  book  to  be  kept  by  him  for  that  purpose,  and 
assign  him  a  number. 

Operators  must  have  certificate,  et  cetera. 

§  13.  No  person  shall  operate  a  motor  vehicle  required  to  be 
registered  upon  the  public  highways  after  sixty  days  after  this  act 
takes  effect,  unless  such  person  can  produce  a  certificate  or  regis- 
tration issued  by  the  secretary  of  state,  and  shall  have  complied 
in  all  respects  with  the  requirements  of  this  act. 


150  Automobile   Enactments. 

Right  to  civil  action  for  damages  by  reason  of  negligence  not 
abridged. 

§  14.  Nothing  in  this  act  shall  be  construed  to  curtail  or  abridge 
the  right  of  any  person  to  prosecute  a  civil  action  for  damages  by 
reason  of  injuries  to  person  or  property  resulting  from  careless  or 
negligent  use  of  the  public  highways  by  a  motor  vehicle  or  its 
owner  or  employee  or  agent. 

Penalties  for  excessive  speed,  et  cetera. 

§  15.  The  violation  of  any  of  the  provisions  of  sections  six, 
seven,  eight,  nine  and  ten  of  this  act  shall  be  deemed  a  misde- 
meanor, punishable  by  a  fine  not  exceeding  one  hundred  dollars 
for  the  first  offense,  and  punishable  by  a  fine  of  not  less  than  fifty 
dollars  or  more  than  one  hundred  dollars,  or  imprisonment  not 
exceeding  thirty  days,  or  both  for  a  second  offense,  and  punish- 
able by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than 
two  hundred  and  fifty  dollars  and  imprisonment  not  exceeding 
sixty  days  for  a  third  or  subsequent  offense. 

Penalties  for  other  violations. 

§  16.  The  violation  of  any  other  section  of  this  act  shall  be 
punished  by  a  fine  not  exceeding  twenty-five  dollars  for  the  first 
offense,  a  fine  not  less  than  twenty-five  dollars  nor  more  than 
fifty  dollars  for  a  second  offense,  and  a  fine  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars,  or  imprisonment  not 
exceeding  ten  days,  or  both,  for  a  third  or  subsequent  offense. 

Operator's  rights  when  arrested. 

§  17.  In  case  the  owner  or  person  operating  a  motor  vehicle 
shall  be  taken  into  custody  because  of  a  violation  of  any  pro- 
vision of  this  act,  he  shall  be  forthwith  taken  before  an  accessible 
justice  of  the  peace  or  county  judge,  and  be  entitled  to  immediate 
hearing;  and  if  such  hearing  cannot  then  be  had,  be  released  from 
custody  on  giving  a  good  and  sufficient  bond  to  appear  and  answer 
for  such  violation,  at  such  time  and  place  as  shall  then  be  desig- 
nated, secured  by  the  sum  equal  to  the  maximum  fine  for  the 
offense  with  which  he  is  charged,  or  in  lieu  thereof,  by  leaving  the 
motor  vehicle,  being  operated  by  such  person,  with  such  officer  as 
may  have  the  accused  person  in  charge. 


Florida.  L5] 

Contrary  acts  repealed. 

§  18.  All  acts  and  parts  of  acta  inconsistent  herewith  or  con- 
trary hereto  are,  so  Ear  as  they  are  inconsistent  or  co«wary,  hereby 

repealed. 

Fees  shall  go  to  the  state. 

§  19.  All  moneys  accruing  from  the  fees  of  this  act  shall  go  into 
the  general  revenue  fund  of  the  slate. 

Non=resident  owners  exempt. 

§  20.  Owners  of  automobiles  who  have  paid  a  license  in  any 
other  state,  shall  upon  exhibition  of  such  license  be  exempl  from 
paying  a  license  in  this  state,  for  thirty  days  after  said  automo- 
biles have  been  brought  into  this  state. 

Approved  May  11,  1905. 


ILLINOIS. 

Speed. 

Sec.  1.  Be  it  enacted  by  the  people  of  the  state  of  Illinois  repre- 
sented in  the  general  assembly.  That  it  shall  be  unlawful  for  any 
person  or  persons  to  drive,  run,  conduct  or  propel  any  automobile 
or  any  other  conveyance  of  a  similar  type  or  kind  used  for  the  pur- 
pose of  transporting  or  conveying  passengers  or  freight,  or  any 
other  purposes,  whether  said  automobile  or  conveyance  or  such 
other  vehicle  is  propelled  by  steam,  gasoline  or  electricity  or 
any  other  mechanical  power,  at  a  rate  of  speed  in  excess  of  fifteen 
miles  per  hour  upon  any  road  or  highway  in  the  state  of  Illinois, 
"  or  any  other  rate  of  speed  established  by  ordinance  of  any  city 
(or)  or  village : "  Provided,  that  nothing  in  this  section  contained 
shall  prohibit  or  prevent  the  running  of  such  automobiles  or 
vehicles  at  a  greater  rate  of  speed  than  fifteen  miles  per  hour  upon 
such  streets  within  incorporated  cities  or  villages,  as  may  be  set 
apart  for  use  of  such  automobiles  and  other  conveyances  and  upon 
which  said  cities  or  villages  may,  by  ordinance  permit  a  greater 
or  require  a  less  rate  of  speed  than  herein  specified. 

Duty  upon  meeting  horses,  et  cetera. 

§  2.  Whenever  it  shall  appear  that  any  horse  driven  or  ridden 
by  any  person,  upon  any  of  said  streets,  roads  or  highways  is 
about  to  become  frightened  by  the  approach  of  any  such  automobile 
or  vehicle,  it  shall  be  the  duty  of  the  person  driving  or  conducting 
such  automobile  or  vehicles  to  cause  the  same  to  come  to  a  full 
stop,  until  such  horse  or  horses  have  passed. 

Punishment  for  violation  of  sections  one  and  two. 

§  3.  Any  person  or  persons  violating  the  provisions  of  the  fore- 
going section  one  (1)  or  two  (2)  shall,  upon  conviction,  be  sen- 
tenced to  pay  a  fine  of  not  less  than  twenty-five  (25)  dollars  nor 
more  than  two  hundred  (200)  dollars,  and  may  be  confined  in  the 

[152] 


Illinois.  L53 

county  jail  not  to  exceed  three  (3)  months,  or  both,  in  the  dis- 
cretion of  the  court. 

Rule  of  evidence  in  damage  cases. 

§  4.  In  any  action  brought  to  recover  any  damages,  either  to 
person  or  property,  caused  by  running  such  automobiles  or  vehicles 
at  a  greater  rate  of  speed  than  designated  in  section  one  I  1  >,  the 
plaintiff  or  plaintiffs  shall  be  deemed  to  have  made  ou1  a  prima 
facie  case,  by  showing  the  fact  of  such  injury  and  thai  such  per- 
son or  persons  driving  such  automobiles  or  vehicles  was.  at  the 
time  of  the  injury,  running  the  same  at  a  speed  in  excess  of  that 
mentioned  in  section  one  (1). 

Repeal. 

§  5.  All  acts,  and  part  (parts)  of  acts  in  conflict  are  hereby 
repealed. 

Approved  May  13,  1903. 


INDIANA. 

Motor  vehicles  defined. 

Sec.  1.  Be  it  enacted  by  the  general  assembly  of  the  state  of 
Indiana,  that  the  words  and  phrases  used  in  this  act  shall  for  the 
purpose  of  this  act  only  be  construed  as  follows :  1.  "  Motor 
vehicles  "  shall  include  all  vehicles  propelled  by  any  power  other 
than  muscular  power,  excepting  traction  engines,  road  rollers  and 
such  motor  vehicles  as  run  only  upon  rails  or  track. 

Speed  regulations. 

§  2.  That  any  person  or  persons  operating  a  motor  vehicle  on 
any  public  highway  or  in  any  public  place  shall  not  operate  the 
same  at  any  rate  of  speed  greater  than  is  reasonable  and  proper, 
having  regard  to  the  use  in  common  of  such  highway  or  place,  or 
so  as  to  endanger  the  life  or  limb  of  any  person,  and  in  no  event 
shall  such  motor  vehicle  be  operated  at  a  greater  rate  of  speed 
than  eight  (8)  miles  an  hour  in  the  business  and  closely  built  up 
portions  of  any  municipality  of  this  state,  nor  more  than  fifteen 
(15)  miles  an  hour  in  other  portions  of  such  municipalities  nor 
more  than  twenty  (20)  miles  an  hour  outside  such  municipalities. 

Ordinances  as  to  speed. 

§  3.  That  any  rate  of  speed  provided  for  in  section  two  (2)  of 
this  act  shall  not  be  diminished  nor  prohibited  by  any  ordinance, 
rule  or  regulation  of  any  municipality,  board  or  other  public 
authorities. 

Motor  equipment  —  signals. 

§  4.  Any  person  or  persons  operating  a  motor  vehicle  shall  at 
all  times  provide  the  same  with  a  good  and  efficient  brake  and  a 
suitable  bell,  horn  or  other  signal,  and  shall  upon  approaching 
any  person  or  persons  riding,  loading  or  driving  a  horse,  horses, 
draft  animals  or  other  farm  animals  upon  any  public  highway  or 

[154] 


Indiana.  1 55 

in  any  public  place,  signal  auch  person  or  persons  with  Baid  bell 
or  horn,  either  upon  overtaking  or  meeting  any  such^  person  <>r 
persons,  giving  such  person  or  persons  a  reasonable  time  to  prepare 
for  the  passing  of  said  motor  vehicle. 

Stop  on  signal  —  highway  rules. 

§  5.  That  any  person  or  persons  operating  a  motor  vehicle  shall, 
upon  meeting  any  person  or  persons  riding,  Leading  or  driving  a 
horse,  horses  or  other  draft  animals  or  other  farm  animals  on 
any  public  highway,  upon  request  or  signal  by  putting  up  the 
hand  from  any  such  person  or  persons  so  riding,  leading  or  driv- 
ing any  horse,  horses  or  other  draft  animals  or  other  farm 
animals  (if  in  sufficient  light  for  such  signal  to  be  perceptible) 
immediately  bring  his  motor  vehicle  to  a  stop  and  remain  station- 
ary so  long  as  may  be  reasonable  to  allow  such  horse,  horses  or 
other  draft  animals  or  other  farm  animals  to  pass;  and  upon  over- 
taking on  any  public  highway  any  person  or  persons  riding,  [<  ad- 
ing  or  driving  a  horse,  horses  or  other  draft  animals  or  other  farm 
animals  the  operator  of  any  motor  vehicle  when  signalled  as  above 
provided  shall  reduce  the  speed  of  such  motor  vehicle  and  before 
passing  shall  allow  reasonable  time  for  such  animal  to  be  driven 
or  conducted  to  the  side  of  the  road.  Provided,  that  the  driver  of 
any  horse,  horses  or  other  draft  animals  or  other  farm  animals 
shall,  upon  the  approach  of  any  motor  vehicle,  drive  to  the  right 
so  as  to  give  to  said  motor  vehicle  one-half  of  the  traveled  portion 
of  the  highway  or  street,  and  the  operator  of  any  motor  vehicle, 
upon  the  approach  of  any  driver  of  horse,  horses  or  other  draft 
animals  or  other  farm  animals,  shall  drive  his  motor  vehicle  to  the 
right  so  as  to  give  one-half  of  the  traveled  portion  of  the  highway 
or  street  to  the  driver  of  said  horse,  horses  or  other  animals. 

Owner  to  register  with  secretary  of  state. 

§  6.  That  every  owner  of  a  motor  vehicle  shall,  for  every  such 
vehicle  owned  by  him,  file  in  the  office  of  the  secretary  of  state 
a  statement  of  his  name  and  address,  with  a  brief  description  of 
the  vehicle  to  be  registered  on  a  blank,  to  be  prepared  and  fur- 
nished by  such  secretary  for  that  purpose.  The  filing  fee  shall  be 
one  dollar  {$1-00) ;  all  of  which  fees  to  be  paid  into  the  general 
fund  of  the  state  treasury  as  other  fees  now  collected  by  the  secre- 
tary of  state  are  required  to  be  paid  into  the  treasury. 


156  Automobile   Enactments. 

Assignment  of  number. 

§  7.  The  secretary  of  state  shall  thereupon  file  such  statement 
in  his  office,  register  such  motor  vehicle  in  a  book  to  be  kept  for 
that  purpose  and  assign  it  a  number,  beginning  with  the  number 
one  (1)  and  so  on  in  the  order  of  filing. 

Acquiring  motor  vehicle,  registering. 

§  8.  Every  person  acquiring  a  motor  vehicle  shall  file  a  like 
statement  with  the  secretary  of  state,  and  such  secretary  of  state 
shall  in  like  manner  file  such  vehicle  and  assign  it  a  number.  If 
the  vehicle  has  previously  been  registered  such  fact  and  number 
assigned  it  shall  be  set  forth  in  the  statement,  and  the  previous 
registration  shall  be  cancelled,  but  the  number  of  such  previous 
registration  may  be  assigned  under  the  new  registration. 

Metal  seal,  display  on  vehicle. 

§  9.  The  secretary  of  state  shall  forthwith  on  such  registration 
and  without  other  fee  issue  and  deliver  to  the  owner  of  such  motor 
vehicle  a  seal  of  aluminum  or  other  suitable  metal,  which  shall  be 
circular  in  form  and  two  (2)  inches  in  diameter,  and  have  stamped 
therein  the  words,  "  Registered  in  the  office  of  secretary  of  state 

of  Indiana   under  the  Motor  Vehicle  Law,  No.  "   with  the 

registration  number  inserted  therein,  which  seal  shall  thereafter 
at  all  times  be  conspicuously  displayed  on  the  motor  vehicle  to 
which  such  number  has  been  assigned. 

Display  of  number,  style  and  size. 

§  10.  Every  motor  vehicle  shall  also  at  all  times  have  the  num- 
ber assigned  to  it  by  the  secretary  of  state  displayed  on  the  back 
of  such  motor  vehicle  in  such  manner  as  to  be  plainly  visible,  the 
number  to  be  Arabic  numerals,  each  four  inches  in  height,  and 
each  stroke  to  be  of  a  width  of  one-half  (%)  inch,  and  also  as  a 
part  of  such  number  the  first  three  (3)  letters  of  the  state  name, 
such  letters  to  be  two  (2)  inches  in  height,  and  no  other  designat- 
ing mark  shall  be  required  by  any  city,  town  or  other  municipality, 
nor  shall  any  city,  town  or  other  municipality  require  the  payment 
of  any  license  upon  any  motor  vehicle  or  by  the  owner  thereof, 
unless  such  owner  reside  in  such  city,  town  or  other  municipality. 


Indiana.  1 57 

Registration  by  manufacturers  or  dealers. 

§  11.  A  manufacturer  of,  or  a  dealer  in  motor  vehivles  shall 
register  one  (1)  of  each  style  or  type  to  be  manufactured  or  dealt 
in  by  him,  and  be  entitled  to  as  many  duplicate,  registration  seals 
for  each  type  or  style  so  manufactured  or  dealt  in  as  he  may  de- 
sire on  payment  of  an  additional  fee  of  fifty  (50)  cent-  for  each 
duplicate  seal.  If  a  registration  seal  and  the  corresponding  num- 
ber shall  thereafter  be  affixed  to  and  displayed  on  every  vehicle 
of  such  type  or  style  as  in  this  section  provided,  while  such  vehicle 
is  being  operated  on  the  public  highways,  it  shall  be  deemed  a 
sufficient  compliance  with  sections  six  (0),  eight  (8)  and  ten  (10) 
of  this  act  until  such  vehicle  shall  be  sold  or  let  for  hire.  Nothing 
in  this  section  shall  be  construed  to  apply  to  a  motor  vehicle  em- 
ployed by  a  manufacturer  or  dealer  for  private  use  or  for  hire. 

Non-residents. 

§  12.  The  provisions  of  section  seven  (7)  to  ten  (10)  inclusive, 
shall  not  apply  to  motor  vehicles  owned  and  operated  by  non-resi- 
dents of  this  state,  provided  the  owners  thereof  have  complied  with 
any  law  requiring  the  registration  of  owners  or  in  force  in  the 
state,  territory  or  federal  district  of  their  residence,  and  the  regis- 
tration number  showing  the  initial  of  such  state,  territory  or 
federal  district  shall  be  displayed  on  such  vehicle  substantially 
as  provided  by  section  ten  (10)  of  this  act. 

Penalties. 

§  13.  If  any  person  neglects  or  refuses  to  comply  with  any  of 
the  provisions  of  this  act  he  may,  on  conviction  thereof,  before  any 
justice  of  the  peace  or  other  court  having  jurisdiction,  be  punished 
by  a  fine  not  exceeding  fifty  dollars  ($50.00). 

Repeal. 

§  14.  All  laws  and  parts  of  laws  in  conflict  with  the  provisions 
of  this  act  are  hereby  repealed. 


IOWA. 

Definitions. 

Sec.  1.  The  words  and  phrases  used  in  this  act  shall,  for  the 
purposes  of  this  act  only,  be  construed  as  follows :  1,  "  Motor 
vehicle "  shall  include  all  vehicles  propelled  by  any  power  other 
than  muscular  power,  excepting  such  motor  vehicles  as  run  only 
upon  rails  or  tracks,  provided  that  nothing  herein  contained  shall 
apply  to  traction  engines  or  road  rollers ;  2,  "  closely  built  up  por- 
tions "  shall  mean  the  territory  of  a  city,  town  or  village  con- 
tiguous to  a  public  highway  devoted  to  business  or  where  for  not 
less  than  one-fourth  (Vi)  of  a  mile  the  dwelling  houses  on  such 
highway  average  not  more  than  one  hundred  (100)  feet  apart. 

Owner's  statement,  filing  fee. 

§  2.  Every  owner  of  a  motor  vehicle  shall,  for  every  such  vehicle 
owned  by  him,  file  in  the  office  of  the  secretary  of  state  a  statement 
of  his  name  and  address,  with  a  brief  description  of  the  vehicle 
to  be  registered,  on  a  blank  to  be  prepared  and  furnished  by  such 
secretary  for  that  purpose.     The  filing  fee  shall  be  one  (1)  dollar. 

Filing,  registration  and  number. 

§  3.  The  secretary  of  state  shall  thereupon  file  such  statement 
in  his  office,  register  such  motor  vehicle  in  a  book  to  be  kept  for 
that  purpose,  and  assign  it  a  number,  beginning  with  the  number 
one  (1)  and  so  on  in  the  order  of  filing. 

Re=registration. 

§  4.  Every  person  acquiring  a  motor  vehicle  shall  file  a  like 
statement  with  the  secretary  of  state  and  such  secretary  of  state 
shall,  in  like  manner,  file  such  statement,  register  such  vehicle  and 
assign  it  a  number.  If  the  vehicle  has  previously  been  registered, 
such  fact  and  number  assigned  it  shall  be  set  forth  in  the  state- 
ment, and  the  previous  registration  shall  be  cancelled ;  but  the 
number  of  such  previous  registration  may  be  assigned  under  the 
new  registration. 

[158] 


Iowa.  L59 

Seal. 

§  5.  The  secretary  of  state  shall  forthwith  on  such  registration, 
and  without  other  fee,  issue  and  deliver  to  the  owner  of  such  motor 
vehicle  a  seal  of  aluminum  or  other  suitable  metal,  which  shall  be 
circular  in  form,  not  over  two  (2)  inches  in  diameter,  and  have 
stamped  thereon  the  words  "  Registered  in  the  office  of  the  Secre 
tary  of  State  for  the  State  of  Iowa,  under  the  .Motor  Vehicle   Law, 

No.  ,"  with  the  registration   number  inserted   therein;  which 

seal  shall  thereafter  at  all  times  be  conspicuously  displayed  on  the 
motor  vehicle  to  which  such  number  has  been  assigned. 

Display  of  number. 

§  6.  Every  motor  vehicle  shall  also  at  all  times  have  the  num- 
ber assigned  to  it  by  the  secretary  of  state  displayed  on  the  back 
of  such  motor  vehicle  in  such  a  manner  as  to  be  plainly  visible, 
the  number  to  be  in  Arabic  numerals,  each  not  less  than  three  (3) 
inches  in  height,  and  each  stroke  to  be  of  a  width  not  less  than  one- 
half  (M>)  inch,  and  also  as  a  part  of  such  number  the  initial  and 
terminal  letters  of  the  state's  name,  such  letters  to  be  not  less  than 
two  (2)  inches  in  height. 

Non=residents  exempted. 

§  7.  The  provisions  of  sections  two  (2)  to  five  (5),  inclusive, 
shall  not  apply  to  motor  vehicles  owned  and  operated  by  non- 
residents of  this  state,  provided  the  owners  thereof  have  complied 
with  any  law  requiring  the  registration  of  owners  of  motor  vehicles 
in  force  in  the  state,  territory  or  federal  district  of  their  residence, 
and  the  registration  number  showing  the  initials  of  such  state, 
territory  or  federal  district  shall  be  displayed  on  such  vehicle  sub- 
stantially as  provided  by  section  six  (G)  of  this  act. 

Speed  rates. 

§  8.  No  person  shall  operate  a  motor  vehicle  on  a  public  high- 
way at  a  rate  of  speed  greater  than  is  reasonable  and  proper,  having 
regard  to  the  traffic  and  use  of  the  highway,  or  so  as  to  end 
the  life  or  limb  of  any  person,  or  in  any  event  in  the  closely  built 
up  portions  of  a  city,  town,  or  village,  al  a  greater  rate  than  one 
(1)  mile  in  six  (6)  minutes,  or  elsewhere  in  a  city,  town  or  vil- 
lage at  a  greater  rate  than  one  (1)  mile  in  four  (4)   minim 


160  Automobile   Enactments. 

elsewhere  outside  of  the  city,  town  or  village  at  a  greater  average 
rate  than  twenty  (20)  miles  per  hour;  subject,  however,  to  the  other 
provisions  of  this  section.  Upon  approaching  a  crossing  of  inter- 
secting public  highways,  or  a  bridge,  or  a  sharp  curve,  or  a  steep 
descent,  and  also  in  traversing  such  crossing,  curve,  bridge  or 
descent,  a  person  operating  a  motor  vehicle  shall  have  it  under 
control  and  operate  it  at  a  rate  of  speed  less  than  hereinbefore 
specified,  and  in  no  event  greater  than  is  reasonable  and  proper, 
having  regard  to  the  traffic  then  on  such  highway  and  the  safety 
of  the  public. 

Stopping  on  signal. 

§  9.  Any  person  operating  a  motor  vehicle  shall,  at  request  or 
on  signal  by  putting  up  the  hand,  from  a  person  riding  or  driving 
a  restive  horse  or  other  draft  or  domestic  animals,  bring  such 
motor  vehicle  immediately  to  a  stop,  and,  if  traveling  in  the 
opposite  direction,  remain  stationary,  so  long  as  may  be  reasonable 
to  allow  such  horse  or  animals  to  pass,  and  if  traveling  in  the 
same  direction,  use  reasonable  caution  in  passing  such  horse  or 
animals,  and  the  operator  and  occupants  of  any  motor  vehicle  shall 
render  necessary  assistance  to  the  party  having  in  charge  said 
horse  or  other  draft  animal  so  passing. 

Brakes,  bell  and  lamps. 

§  10.  Every  motor  vehicle  while  in  use  on  a  public  highway  shall 
be  provided  with  good  and  efficient  brakes,  and  also  with  a  suitable 
bell,  horn  or  other  signal,  and  be  so  constructed  as  to  exhibit,  dur- 
ing the  period  from  one  (1)  hour  after  sunset  to  one  (1)  hour 
before  sunrise,  one  or  more  lamps  showing  white  light  visible 
within  a  reasonable  distance  in  the  direction  toward  which  such 
vehicle  is  proceeding,  and  also  a  red  light  visible  in  the  reverse 
direction. 

Local  ordinances  prohibited  and  repealed. 

§  11.  Cities  and  towns  shall  have  no  power  to  pass,  enforce  or 
maintain  any  ordinance,  rule  or  retaliation  requiring  of  any  owner 
or  operator  of  a  motor  vehicle  any  license  or  permit  to  use  the 
public  highways  or  excluding  or  prohibiting  any  motor  vehicle 
whose  owner  has  complied  with  section  two   (2)   or  section  four 


Iowa.  101 

(4)  of  this  act  from  the  free  use  of  such  highway,  and  all  such 
ordinances,  rules  or  regulations  now  in  force  arc  hereby  declared 
to  be  of  no  validity  or  effect;  provided  that  nothing  in  this  act 
shall  be  construed  as  limiting  the  power  of  local  authorities  to 
make,  enforce  and  maintain  ordinances,  rules  or  regulations,  in 
addition  to  the  provisions  of  this  act,  affecting  motor  vehicles 
which  are  offered  to  the  public  for  hire. 

Punishment  for  violations. 

§  12.  The  violation  of  any  of  the  provisions  of  this  act  shall 
be  deemed  a  misdemeanor,  punishable  by  a  fine  not  exceeding 
twenty-five  dollars  ($25.00)  for  the  first  offense  and  punishable  by 
a  fine  of  not  less  than  twenty-five  dollars  ($25.00)  nor  more  than 
fifty  dollars  ($50.00),  or  imprisonment  not  exceeding  thirty  (30) 
days  in  the  county  jail  for  a  second  or  subsequent  offense. 

Approved  April  12,  1904. 
11 


KANSAS. 

Definitions. 

Sec.  1.  That  the  term  "  automobile  "  and  "  motor  vehicle "  as 
used  in  this  act  shall  be  construed  to  include  all  types  and  grades 
of  motor  vehicles  propelled  by  electricity,  steam,  gasoline  or  other 
source  of  energy,  commonly  known  as  automobiles,  motor  vehicles 
or  horseless  carriages,  using  the  public  highways  and  not  running 
on  rails  or  tracks.  Nothing  in  this  section  shall  be  construed  as 
in  any  way  preventing,  obstructing,  impeding,  embarrassing  or  in 
any  manner  or  form  infringing  upon  the  prerogative  of  any 
political  chauffeur  to  run  an  automobilious  band-wagon  at  any  rate 
he  sees  fit  compatible  with  the  safety  of  the  occupants  thereof; 
provided,  however,  that  not  less  than  ten  nor  more  than  twenty 
ropes  be  allowed  at  all  times  to  trail  behind  this  vehicle  when  in 
motion  in  order  to  permit  those  who  have  been  so  fortunate 
as  to  escape  with  their  political  lives  an  opportunity  to  be 
dragged  to  death;  and  provided  further,  that  whenever  a  mangled 
and  bleeding  political  corpse  implores  for  mercy,  the  driver  of  the 
vehicle  shall,  in  accordance  with  the  provisions  of  this  bill, 
"  Throw  out  the  life-line." 

Laws  in  relation  to  traction  engines  distinguished. 

§  2.  That  this  act  shall  in  no  case  change  or  repeal  in  any  par- 
ticular the  present  laws  relating  to  the  operation  and  management 
of  steam  traction  engines  of  any  kind  along  the  public  highways, 
neither  shall  the  present  laws  in  relation  to  the  management  of 
steam  traction  engines  have  any  application  as  to  the  management 
and  use  of  automobiles  or  motor  vehicles  along  the  public  high- 
ways of  this  state. 

Bell,  brakes  and  lamps. 

§  3.  Every  automobile  or  motor  vehicle  shall  be  provided  with  a 
suitable  bell,  horn,  or  other  signal,  and  be  equipped  with  good  and 
efficient  brakes.     Every  automobile  or  similar  motor  vehicle  shall 

[162] 


Kansas.  L63 

be  so  constructed  as  to  exhibit  during  t he  period  from  one  hour 
after  sunset  to  one  hour  before  sunrise  one  or  more  lamps  shewing 
white  lights,  visible  within  a  reasonable  distance  in  the  direction 
towards  which  the  automobile  is  proceeding.  The  lamp  or  lamps 
shall  be  so  placed  as  to  be  free  from  obstruction  to  lighl  from  other 
parts  of  said  automobile  or  motor  vehicle. 

Speed  must  be  reasonable. 

§  4.  No  person  driving  or  in  charge  of  an  automobile  or  motor 
vehicle  on  any  street,  avenue,  parkway  or  driveway  or  public  high- 
way in  this  state  shall  drive  or  operate  the  same  at  any  speed  at 
any  time  greater  than  is  reasonable  and  proper  having  due  regard 
to  the  traffic  and  use  of  the  highway,  or  so  as  to  endanger  the  life 
or  limb  of  any  person. 

Special  rates  of  speed. 

§  5.  No  automobile  or  other  motor  vehicle  shall  be  run  on  any 
public  highway  outside  the  limits  of  the  thickly  settled  or  business 
part  of  any  city  or  town  at  a  speed  exceeding  twenty  miles  an  hour, 
and  no  such  vehicle  shall  be  run  on  any  public  street  or  highway 
within  the  thickly  settled  or  business  part  of  any  city  or  town  at  a 
speed  exceeding  ten  miles  an  hour. 

Duties  upon  meeting  horses,  et  cetera. 

§  6.  Every  person  having  control  or  charge  of  a  motor  vehicle 
or  automobile  shall,  whenever  upon  any  public  street  or  highway 
and  approaching  any  vehicle  drawn  by  a  horse  or  horses,  or  any 
horse  upon  which  any  person  is  riding  or  driving  domestic  animals. 
operate,  manage  and  control  such  motor  vehicle  or  automobile  in 
such  manner  as  to  exercise  every  reasonable  precaution  to  prevent 
the  frightening  of  any  such  horse  or  horses  or  domestic  animals 
and  to  insure  the  safety  and  protection  of  any  person  riding  or 
driving  the  same;  and  if  such  horse  or  horses  or  domestic  animals 
appear  restive  and  frightened,  the  person  in  control  of  such  motor 
vehicle  shall  reduce  the  speed  thereof,  and  if  practicable  turn  to 
the  right  and  give  the  road,  and.  if  requested  by  signal  or  other- 
wise by  the  driver  of  such  horse  or  horses  or  domestic  animals, 
shall,  proceed  no  farther  towards  such  animal  or  animals,  but  re- 
main stationary  so  long  as  may  be  necessary  to  allow  such  horses 


164  Automobile   Enactments. 

or  domestic  animals  to  pass.  This  provision  shall  apply  to  automo- 
biles or  motor  vehicles  going  either  in  the  same  or  in  the  opposite 
direction. 

Speed  at  crossings. 

§  7.  Upon  approaching  a  crossing  or  intersecting  ways,  and  also 
in  traversing  the  crossing  or  intersection,  the  person  in  control  of 
any  automobile  or  motor  vehicle  shall  run  at  a  rate  of  speed  less 
than  that  above  specified,  and  not  greater  than  is  reasonable  and 
proper,  having  regard  to  the  traffic  and  the  use  of  the  intersecting 
ways. 

Local  ordinances. 

§  8.  The  cities  of  the  first,  second  and  third  class  of  this  state 
shall  have  power  by  local  ordinance  to  regulate  and  control  the  use 
and  speed  of  automobiles  and  motor  vehicles  within  the  limits  of 
said  cities  and  prescribe  penalties  for  the  violation  thereof;  such 
ordinances  not  to  be  inconsistent  or  repugnant  with  the  provisions 
of  this  act. 

Punishment  for  violations. 

§  9.  Any  person  failing  to  comply  with  the  requirements  of  this 
act  or  violating  any  of  its  provisions  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  in  a  court  of  competent  jurisdic- 
tion shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars. 

Repeal. 

§  10.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions 
of  this  act  are  hereby  repealed. 

Takes  effect. 

§  11.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  publication  in  the  official  state  paper. 


KENTUCKY. 

Speed  must  be  reasonable. 

Sec.  1.  That  no  person  shall  operate  a  motor  vehicle  on  a  public 
highway  at  a  rate  of  speed  greater  than  is  reasonable  and  proper 
at  the  time  and  place  having  regard  to  the  traffic  and  use  of  tin- 
highway  and  its  condition  or  so  as  to  endanger  the  life  or  limb  of 
any  person,  or  in  any  event  at  a  greater  rate  than  fifteen  miles  an 
hour,  subject  however  to  the  other  provisions  of  this  section. 

Speed  at  crossings,  bridges,  et  cetera. 

§  2.  Upon  approaching  a  crossing  of  intersecting  public  high- 
ways, or  a  bridge,  or  a  sharp  curve,  or  a  steep  descent,  and  also  in 
traversing  such  crossing,  bridge,  curve  or  descent,  a  person 
operating  a  motor  vehicle  shall  have  it  under  control  and  operate 
it  at  a  rate  of  speed  no  greater  than  six  miles  an  hour,  and  in  no 
event  greater  than  is  reasonable  and  proper,  having  regard  for  the 
traffic  then  on  such  highway  and  the  safety  of  the  public. 

Regulations  for  meeting  horses,  et  cetera. 

§  3.  Upon  approaching  a  person  walking  in  the  roadway  of  a 
public  highway,  or  a  horse  or  other  draft  animals,  being  ridden  or 
driven  thereon,  a  person  operating  a  motor  vehicle  shall  give  warn- 
ing of  its  approach  by  signaling  with  a  horn,  bell  or  other  device 
not  calculated  to  frighten  such  animal  and  use  every  reasonable 
precaution  to  insure  the  safety  of  such  person  or  animal,  and  in 
case  of  horses  or  other  draft  animals,  to  prevent  frightening  the 
same,  and  at  once  reduce  the  speed  at  which  such  vehicle  i-  being 
operated  and  hold  same  under  control,  and,  if  such  horses  or  other 
draft  animals  appear  frightened  to  not  more  than  one  half  the 
speed  permitted  by  section  two,  and  bring  the  same  to  a  stop,  if 
apparently  necessary  for  the  safety  of  such  person  or  animal,  hav- 
ing due  regard  to  safety  of  passengers  in  such  motor  vehicle. 

Stopping  on  signal. 

§  4.  A  person  operating  a  motor  vehicle  shall,  at  request  or  on 
signal   by  putting  up  the  hand,   from   a   person    riding  or  driving 

[1651 


166  Automobile   Enactments. 

a  restive  horse  or  horses  or  other  draft  animals,  bring  such  motor 
vehicle  immediately  to  a  stop,  if  necessary,  having  due  regard  for 
safety  of  persons,  vehicles  and  animals,  and,  if  traveling  in  the 
opposite  direction,  remain  stationary  so  long  as  may  be  reasonable 
to  allow  such  horse  or  animals  to  pass,  and,  if  traveling  in  the 
same  direction,  use  reasonable  caution  in  thereafter  passing  such 
horse  or  animal;  provided,  that  in  case  such  horse  or  animal 
appears  badly  frightened  or  he  is  requested  so  to  do,  the  person 
operating  such  motor  vehicle  shall,  if  apparently  safer,  cause  the 
motor  of  such  vehicle  to  cease  running  so  long  as  shall  be  reason- 
ably necessary  to  prevent  accident,  and  insure  the  safety  of  person, 
vehicles  and  animals. 

Rules  of  the  road. 

§  5.  "Whenever  a  person  operating  a  motor  vehicle  shall  meet  on 
a  public  highway  any  other  person  riding  or  driving  a  horse  or 
horses  or  other  draft  animals  or  any  other  vehicle  the  person  so 
operating  such  motor  vehicle  shall  reasonably  turn  the  same  to  the 
right  of  the  center  of  such  highways  so  as  to  pass  without  inter- 
fering. Any  such  person  so  operating  a  motor  vehicle  shall,  on 
overtaking  any  such  horse,  draft  animal  or  other  vehicle,  pass  on 
the  left  side  thereof  and  the  rider  or  driver  of  such  horse,  draft 
animal  or  other  vehicle  shall,  as  soon  as  practicable,  turn  to  the 
right  so  as  to  allow  free  passage  on  the  left.  Any  such  person 
operating  a  motor  vehicle  shall,  at  intersection  of  public  high- 
ways, keep  to  the  right  of  the  intersection  of  the  center  of  such 
highway  when  turning  to  the  right  and  pass  to  the  left  of  such 
intersection  when  turning  to  the  left. 

Brakes,  bell  and  lamps. 

§  6.  Every  motor  vehicle,  while  in  use  on  a  public  highway, 
shall  be  provided  with  good  and  efficient  brakes,  and  also  with  a 
suitable  bell,  horn  or  other  signal,  and  be  so  constructed  as  to 
exhibit,  during  the  period  necessary  from  or  after  sunset  until  not 
necessary  before  sunrise,  a  white  light  visible  within  a  reasonable 
distance  in  the  direction  toward  which  the  vehicle  is  proceeding, 
and  red  light  in  reverse  direction,  provided  that  in  case  of  heavy 
fog,  if  necessary,  such  light  shall  be  displayed  in  daytime  before 
sunset  and  after  sunrise. 


Kentucky.  li>< 

Penalties  for  violation. 

§  7.  Whoever  shall  violate  the  provisions  of  this  au.t-  shall  be 
deemed  guilty  of  a  misdemeanor  and,  upon  conviction,  be  lined 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars,  and 
in  addition  thereto  shall  be  liable  in  a  civil  action  to  any  pi 
injured  in  his  person  or  damaged  as  to  his  property  by  the  viola- 
tion of  the  provisions  of  this  act;  and  a  lien  shall  attach  to  the 
vehicle  causing  the  injury  or  damage  in  favor  of  the  person  injured 
or  damaged,  upon  the  filing  of  the  suit  for  damages. 

Limitations  of  act,  definitions. 

§  8.  This  act  shall  not  apply  to  the  operation  or  use  of  automo- 
biles or  other  motor  vehicles  within  incorporated  cities  or  towns  or 
to  their  use  in  the  parks  or  parkways,  of  any  such  city  or  town,  or 
connected  with  or  controlled  by  such  city  or  town;  motor  vehicles, 
as  used  in  this  act,  includes  all  vehicles  propelled  by  gasoline  or 
other  explosive  vapor  steam,  electricity  or  other  kindred  power, 
but  the  provisions  of  this  act  do  not  apply  to  traction  engines, 
road  rollers,  fire  engines,  nor  to  motor  vehicles  run  upon  rails  or 
set  tramways,  or  tracks. 


MAINE. 

Definitions. 

Sec.  1.  As  used  in  this  chapter,  the  word  "  way  "  includes  all 
kinds  of  public  ways.  And  the  word  "  team "  all  kinds  of  con- 
veyances on  such  ways  for  persons  and  for  property. 

Rules  of  road  when  two  teams  meet. 

§  2.  When  persons  traveling  with  a  team  are  approaching  to 
meet  on  a  way,  they  shall  seasonably  turn  to  the  right  of  the  middle 
of  the  traveled  part  of  it,  so  far  that  they  can  pass  each  other 
without  interference.  When  it  is  unsafe,  or  difficult  on  account  of 
weight  of  load  to  do  so,  a  person  about  to.be  met  or  overtaken,  if 
requested,  shall  stop  a  reasonable  time,  at  a  convenient  place,  to 
enable  the  other  to  pass. 

Stopping  or  turning  on  signal. 

§  3.  When  a  person  with  a  team  is  stationary,  or  traveling 
slowly  on  a  way  at  a  place  unsafe  or  inconvenient  for  passing  him 
with  a  team,  he  shall,  if  requested,  drive  to  the  right  or  left,  or 
stop  a  reasonable  time  at  a  convenient  place,  to  allow  the  other  to 
pass. 

Teams  obstructing  the  way  or  without  a  driver. 

§  4.  No  person  shall  leave  his  team  stationary  on  a  way  so  as  to 
obstruct  the  free  passage  of  other  teams;  or  allow  his  team  to  be 
on  a  way  without  a  driver. 

§  5.   [Not  applicable  to  automobiles  and   therefore  omitted.] 

Damages  for  injuries  through  violations  of  preceding  sections. 

§  6.  Any  person  injured  by  violation  of  either  of  the  previous 
sections,  may  recover  damages  in  an  action  on  the  case,  com- 
menced within  one  year.  Such  violator  forfeits  not  less  than  one, 
nor  more  than  twenty  dollars,  to  be  recovered  on  complaint  made 
within  sixty  days. 

[168] 


Maine.  L69 

Speed  regulations  for  automobiles. 

§  7.  No  automobile  or  motor  vehicle  shall  be  driv#£or  operated 
upon  any  highway,  town  way,  public  street,  avenue,  driveway, 
park  or  parkway,  at  a  ^.i-fatcr  rate  of  speed  than  fifteen  miles  an 
hour,  or  upon  any  highway,  town  way,  public  street,  avenue,  drive- 
way, park  or  parkway,  within  the  compact  or  built  up  portions  of 
any  city,  town  or  village,  the  limits  of  which  shall  be  fixed  by  the 
municipal  officers  thereof,  at  a  greater  rate  of  speed  than  eight 
miles  an  hour,  except  where  such  city  or  town  may  by  ordinance  or 
by-law  permit  a  greater  rate  of  speed. 

Speed  must  be  reasonable  and  pro.per,  racing  forbidden. 

§  8.  No  person  driving  or  in  charge  of  an  automobile  or  motor 
vehicle  on  any  highway,  town  way,  public  street,  avenue,  drive- 
way, park  or  parkway,  shall  drive  the  same  at  any  speed  greater 
than  is  reasonable  and  proper,  having  regard  to  the  traffic  and  use 
of  the  way  by  others,  or  so  as  to  endanger  the  life  or  limb  of  any 
person;  and  racing  any  such  vehicle  on  any  such  ways  or  parks 
is  hereby  forbidden. 

Stopping  automobile  on  signal. 

§  9.  Every  person  driving  or  operating  an  automobile  or  motor 
vehicle  shall,  at  request  and  signal  by  putting  up  the  hand,  or  by 
other  visible  signal  from  a  person  riding  or  driving  a  horse  or 
horses  or  other  domestic  animals,  cause  such  vehicle  to  come  to  a 
stop  as  soon  as  possible  and  to  remain  stationary  so  long  as  may  be 
necessary  to  allow  such  animal  or  animals  to  pass. 

Bells  and  lamps. 

§  10.  Every  such  automobile  or  motor  vehicle  shall  have  attached 
thereto  a  suitable  bell  or  other  appliance  for  giving  notice  of  its 
approach,  which,  when  rung  or  otherwise  operated,  may  be  heard 
at  a  distance  of  three  hundred' feet ;  and  shall  also  carry  a  lighted 
lamp  between  one  hour  after  sunset  and  one  hour  before  sunrise. 

Local  ordinances  at  dangerous  places. 

§  11.  Municipal  officers  of  any  city  or  town  may  designate  places 
on  any  streets  or  ways  therein,  where,  in  their  judgment,  by  reason 
of  cliffs,  embankments  or  other  exceptional  natural  conditions,  the 


170  Automobile   Enactments. 

meeting  of  automobiles  or  motor  vehicles  and  horses  would  be 
attended  with  unusual  danger.  Such  designation  shall  be  made 
by  causing  the  words  "  automobiles  —  go  slow "  to  be  con- 
spicuously displayed  on  sign-boards  at  the  right-hand  side  of  each 
approach  to  the  place  to  be  designated,  and  not  more  than  one 
hundred  and  fifty  feet  distant  therefrom ;  and  an  automobile  or 
motor  vehicle,  before  meeting  any  horse  between  such  limits,  shall 
be  brought  to  a  standstill,  and  shall  not  proceed,  unless  by  request 
of  the  rider  or  driver  of  the  horse,  until  such  horse  shall  have 
passed;  and  no  such  vehicle  shall  pass  any  place  so  designated  at 
a  greater  speed  than  four  miles  an  hour. 

Penalty  for  violation  of  five  preceding  sections. 

§  12.  Whoever  violates  any  provision  of  the  five  preceding  sec- 
tions shall  be  punished  by  fine  not  exceeding  fifty  dollars,  or  by 
imprisonment  not  exceeding  ten  days. 

Speed  on  crossing  bridges,  signs. 

§  13.  No  team  shall  travel  faster  than  a  walk  on  a  bridge 
erected  wholly  or  partly  by  the  state,  or  on  any  bridge  covered  with 
plank  and  fifty  feet  long  composing  part  of  a  way,  or  on  any  bridge 
owned  by  a  corporation,  if  a  board  with  the  words  "  three  dollars 
fine  for  riding  or  driving  on  this  bridge  faster  than  a  walk," 
legibly  painted  in  black  letters  on  a  white  ground,  is  kept  exposed 
in  some  conspicuous  place  at  each  end  thereof. 

Penalty  for  violation. 

§  14.  Whoever  wilfully  violates  the  preceding  section,  forfeits 
three  dollars,  to  be  recovered  on  complaint  made  by  any  owner  of 
said  bridge,  or  by  any  municipal  officer  of  the  town  in  which  it  is 
located,  to  the  owners  of  the  bridge,  or  to  the  town  required  to 
keep  it  in  repair;  but  no  person  passing  after  sunset  and  before 
sunrise  is  so  liable  without  proof  that  he  previously  had  knowledge 
of  such  prohibition. 

Penalty  if  driver  of  public  conveyance  leaves  it  without  fasten- 
ing horses. 

§  15.  If  the  driver  of  a  team  having  passengers  therein  con- 
veyed for  hire,  leaves  it  without  any  person  in  charge  and  without 


Maine.  1  ,  1 

fastening  it  securely,  he  may  be  fined  not  exceeding  thirty, dollars 
or  imprisoned  not  exceeding  one  month. 
§  16.  [Not  applicable  to  automobiles  and  therefore  omitted.] 

Application  for  registration,  recording,  certificate  and  number 
plates. 

§  17.  All  automobiles  and  motor  vehicles  shall  be  registered  by 
the  owner  or  person  in  control  thereof  in  accordance  with  the  pro- 
visions of  this  act.  Application  for  such  registration  may  be  made, 
by  mail  or  otherwise,  to  the  secretary  of  state  upon  blanks  pre- 
pared under  his  authority.  The  application  shall,  in  addition  to 
such  other  particulars  as  may  be  required  by  said  secretary,  con- 
tain a  statement  of  the  name,  place  of  residence  and  address  of 
the  applicant,  with  a  brief  description  of  the  automobile  or  motor 
vehicle,  including  the  name  of  the  maker,  the  number,  if  any, 
affixed  by  the  maker,  the  character  of  the  motor  power  and  the 
amount  of  such  motor  power  stated  in  figures  of  horse  power;  and 
with  such  application  shall  be  deposited  a  registration  fee  of  two 
dollars.  The  said  secretary  shall  then  register,  in  a  boo!;  to  be 
kept  for  the  purpose,  the  automobile  or  motor  vehicle  described  in 
the  application,  giving  to  such  automobile  or  motor  vehicle  a  dis- 
tinguishing number  or  other  mark,  and  shall  thereupon  issue  to  the 
applicant  a  certificate  of  registration.  Said  certificate  shall  con- 
tain the  name,  place  of  residence  and  address  of  the  applicant, 
and  the  registered  number  or  mark,  shall  prescribe  the  manner  in 
which  said  registered  number  or  mark  shall  be  inscribed  or  dis- 
played upon  the  automobile  or  motor  vehicle,  and  shall  be  in  such 
form  as  the  secretary  may  determine.  The  secretary  of  state  shall 
also  furnish  the  applicant  two  enameled  iron  plates  containing  the 
word  "  Maine"  in  letters  not  less  than  one  inch  in  height  and  the 
number  of  registration  in  Arabic  numerals  not  less  than  four 
inches  in  height.  The  number  plates  must  be  attached  to  the  front 
and  back  of  automobiles  and  one  number  plate  musl  be  attached 
to  the  back  of  motor  cycles.  On  both  automobiles  and  motor 
cycles  the  numbers  must  be  so  placed  to  be  always  plainly  visible. 
A  proper  record  of  all  applications  and  of  all  certificates  issued 
shall  be  kept  by  the  secretary  of  state  in  his  office  and  shall  be 
open  to  the  inspection  of  any  person  during  reasonable  I  usiness 
hours.  The  certificate  of  registration  shall  always  be  carried  in 
some  easily  accessible  place   in    the   automobile  or    motor    vehicle 


172  Automobile    Enactments. 

described  therein.  Upon  the  sale  of  any  automobile  or  motor 
vehicle,  its  registration  shall  expire,  and  the  vendor  shall  imme- 
diately return  the  certificate  of  registration  to  the  secretary  of 
state,  with  notice  of  sale,  and  of  the  name,  place  of  residence  and 
address  of  the  vendee. 

Manufacturers  or  dealers  registration  and  certificates. 

§18.  Every  manufacturer  of  or  dealer  in  automobiles  or  motor 
vehicles  may  instead  of  registering  each  automobile  or  motor 
vehicle  owned  or  controlled  by  him,  make  application  upon  a  blank 
provided  by  said  secretary  of  state  for  a  general  distinguishing 
number  or  mark,  and  said  secretary  may,  if  satisfied  of  the  facts 
stated  in  said  application,  grant  said  application,  and  issue  to  the 
applicant  a  certificate  of  registration  containing  the  name,  place 
of  residence  and  address  of  the  applicant,  and  the  general  dis- 
tinguishing number  or  mark  assigned  to  him,  and  made  in  such 
form  as  said  secretary  of  state  may  determine;  and  all  automobiles 
and  motor  vehicles  owned  and  controlled  by  such  manufacturer  or 
dealer,  shall,  until  sold  or  let  for  hire  or  loaned  for  a  period  of 
more  than  five  successive  days,  be  regarded  as  registered  under 
such  general  distinguishing  number  or  mark.  The  fee  for  every 
such  license  shall  be  ten  dollars. 

Licenses. 

§  19.  Licenses  for  operating  automobiles  and  motor  vehicles 
shall  be  issued  by  the  secretary  of  state.  Application  shall  be 
made  upon  blanks  prepared  by  the  secretary  of  state  for  this  pur- 
pose, and  the  licenses  issued  .-hall  be  in  such  form  and  shall  con- 
tain such  provisions  as  said  secretary  of  state  may  determine.  To 
such  licensee  shall  be  assigned  some  distinguishing  number  or 
mark,  and  a  proper  record  of  all  applications  for  license  and  of 
all  licenses  issued  shall  be  kept  by  the  secretary  of  state  at  his 
office,  and  shall  be  open  to  the  inspection  of  any  person  during 
reasonable  business  hours.  Each  license  shall  state  the  time,  place 
of  residence  of  the  licensee  and  the  distinguishing  number  or 
mark  assigned  to  him.  The  fee  for  each  license  to  operate  shall 
be  two  dollars.  All  fees  shall  be  deposited  at  the  time  of  making 
the  application.  The  secretary  of  state  may  at  any  time  suspend 
or  revoke  any  license  for  any  violation  of  this  act  or  regulation 
made  thereunder.     Before  a  license  to  operate  is  granted,  the  ap- 


Maine.  L73 

plicant  shall  present  such  evidence  as  to  his  qualifications  ae  may 

be  required  by  the  secretary  of  state. 

Unlicensed  operators  and  vehicles  prohibited. 

§  20.  Except  as  otherwise  provided  herein  no  automobile  or 
motor  vehicle  after  the  tirst  day  of  June,  nineteen  hundred  five, 
shall  be  operated  upon  any  highway,  town  way,  public  atra  t,  ave- 
nue, driveway,  park  or  parkway,  unless  registered  as  heretofore 
provided,  and  no  person  shall  on  or  after  the  tirst  day  of  June  in 
the  year  nineteen  hundred  and  five,  operate  an  automobile  or  motor 
vehicle  upon  any  highway,  townway,  public  street,  avenue,  drive- 
way, park  or  parkway,  unless  licensed  to  do  so  under  the  pro 
visions  of  this  act. 

Non=resident  owners  exempted. 

§  21.  Automobiles  or  motor  vehicles  owned  by  non-residents  of 
this  state  and  driven  by  a  person  licensed  in  this  or  in  some  other 
state  may  be  operated  on  the  roads  and  highways  of  this  state 
unless  prohibited  by  special  law  or  town  ordinance  duly  authorized 
by  the  legislature,  subject,  however,  to  the  provisions  of  sections 
seven,  eight,  nine,  ten,  eleven  and  twelve,  and  provided  that  Buch 
person  shall  show  in  front  and  at  the  back  of  his  automobile  and 
at  the  back  of  his  motor  cycle  the  registration  number  granted 
him  in  such  other  state,  and  the  name  of  the  other  state  in  Arabic 
letters  at  least  one  inch  high.  The  provisions  of  this  and  the  pre- 
ceding sections  shall  not  prevent  the  operating  of  automobiles  by 
unlicensed  persons  if  riding  with  or  accompanied  by  a  licensed 
operator. 

Punishment  for  violation  of  five  preceding  sections. 

§  22.  Whoever  violates  any  provision  of  the  five  preceding  sec- 
tions shall  be  punished  by  fine  not  exceeding  fifty  dollars,  or  by 
imprisonment  not  exceeding  ten  days. 


MARYLAND. 

Purpose  of  act. 

"  An  Act  to  repeal  sections  one  hundred  and  thirty-one  to  one 
hundred  and  forty,  both  inclusive,  of  article  fifty-six,  of  the 
Code  of  Public  General  Laws  of  Maryland,  known  as  the 
Code  of  1904,  title  '  License,'  sub-title  '  Motor  Vehicles,'  and 
re-enact  the  same  with  amendments,  and  add  an  additional 
section  thereto,  to  be  known  as  section  one  hundred  and  thirty- 
nine-a,  such  additional  section  to  follow  section  one  hundred 
and  thirty-nine,  of  said  article." 

Scope  of  act. 

Sec.  1.  Be  it  enacted  by  the  general  assembly  of  Maryland,  that 
sections  one  hundred  and  thirty-one  to  one  hundred  and  forty,  both 
inclusive,  of  article  fifty-six,  of  the  Code  of  Public  General  Laws 
of  Maryland,  known  as  the  Code  of  1904,  title  "  License,"  sub- 
title "  Motor  Vehicles,"  be  and  the  same  are  Tiereby  repealed  and 
re-enacted,  and  that  additional  section  to  be  known  as  section 
one  hundred  and  thirty-nine-a,  is  hereby  enacted,  the  same  to 
follow  section  one  hundred  and  thirty-nine,  the  whole  to  read  as 
follows : 

Sworn  application,  registration  fee,  certificate. 

§  131.  Every  resident  of  this  state,  who  is  the  owner  of  a  motor 
vehicle,  and  every  non-resident  owner  whose  motor  vehicle  shall 
be  driven  in  this  state,  except  as  herein  otherwise  provided,  shall 
file  in  the  office  of  the  secretary  of  state  at  Annapolis,  a  declara- 
tion duly  verified  by  affidavit  made  before  a  notary  public,  of  this 
or  any  other  state,  that  such  owner,  or  the  person  who  is  to  operate 
the  same,  is  competent  to  drive  the  motor  vehicle  for  which  ap- 
plication for  license  is  made,  and  a  written  statement  containing 
the  name  and  address  of  such  owner,  together  with  a  brief  descrip- 
tion of  the  character  of  such  motor  vehicle  including  the  name 
and  maker,  and  the  manufacturer's  number  of  the  motor  vehicle, 

[174] 


Maryland.  L75 

if  number  there  be,  and  the  rated  horse-power  of  such  motor 
vehicle,  and  shall  pay  to  the  secretary  of  Btate  a  registration  fee 
of  three  dollars  for  each  motor  vehicle,  one  dollar  of  which  fee 
shall  be  retained  by  the  secretary  of  state  for  hia  services  in  issuing 
the  license,  and  the  remaining  two  dollars  shall  be  paid  to  the 
state  treasurer  for  the  use  of  the  slate  road  fund.  The 
of  state  shall  issue  for  each  motor  vehicle  so  regi  tered,  a  a 
cate,  properly  numbered,  stating  that  such  motor  vehicle,  is  regis- 
tered in  accordance  with  this  section,  and  shall  cause  the  name  of 
the  owner,  with  his  address,  the  number  of  hia  certificate,  and  a 
description  of  such  motor  vehicle  or  motor  vehicles  to  be  entered 
in  alphabetical  order  of  the  owner's  name  in  a  book  to  be  kept  for 
such  purpose;  this  section  not  to  apply  to  manufacturers  of  motor 
vehicles  except  as  to  vehicles  kept  by  such  manufacturers  for 
private  use  or  for  hire. 

Registration  number,  display  of,  penalties  for  violation. 

§  132.  The  owners  of  each  and  every  motor  vehicle  and  every 
other  person  driving  the  same  upon  the  public  streets,  public  roads, 
turnpike,  parks,  highways,  public  driveways  or  other  public  high- 
ways in  this  state,  shall  have  the  registration  number  issued  as 
aforesaid  by  the  secretary  of  state,  upon  the  back  and  front  of 
every  such  motor  vehicle  fixed  stationary  in  a  conspicuous  place, 
so  as  to  be  plainly  visible  at  all  times  during  daylight,  such  num- 
bers to  be  separate  Arabic  numerals  not  less  than  three  inches  in 
height,  the  strokes  to  be  of  a  width  not  less  than  three-eighths  of 
an  inch,  such  numbers  to  be  of  white  letters  on  a  black  ground 
and  such  owner  shall  not  be  required  to  place  any  other  marks  of 
identity  upon  such  motor  vehicle.  Provided,  however,  that  in  the 
event  of  the  sale  of  the  motor  vehicle,  or  letting  for  hire  of  the 
same,  the  purchaser  or  person  hiring  the  same  may  for  a  period 
of  five  days  ensuing  the  delivery  or  hiring  to  him  of  such  vehicle, 
including  in  such  computation  the  day  of  delivery,  operate  such 
vehicle  under  the  number  of  the  previous  owner  or  lettor;  pro- 
vided he  have  and  display  on  demand  the  actual  consent  in  writ- 
ing of  such  previous  owner  or  lettor  so  to  do.  Upon  the  expiration 
of  such  period  of  five  days  the  right  to  continue  the  use  of  such 
number  shall  absolutely  cease  and  terminate,  and  its  use  after  such 
period  shall  be  regarded  as  the  displaying  of  a  fictitious  number 
within  the  meaning  of  this  section.     Any  person  driving  a  motor 


176  Automobile    Enactments. 

vehicle  in  this  state,  the  owner  of  which  shall  not  have  complied 
with  the  provisions  of  this  sub-title,  or  which  motor  vehicle  shall 
display  a  fictitious  number,  the  same  being  a  number  other  than 
that  designated  for  such  motor  vehicle  by  the  secretary  of  state, 
sliall,  upon  conviction,  be  fined  in  a  sum  not  exceeding  fifty  dol- 
lars, and,  in  default  of  payment  thereof,  be  punished  by  imprison- 
ment in  the  county  or  city  jail,  as  the  case  may  be,  for  a  period  not 
exceeding  thirty  days;  no  number  other  than  the  Maryland  state 
number  shall  be  carried  upon  the  front  and  back  of  the  said  motor 
vehicle  while  operated  or  used  on  any  of  the  public  highways  of 
this  state  aforesaid,  provided  that  residents  of  the  District  of 
Columbia  shall  not  be  required  to  remove  the  District  number  or 
tag  when  coming  into  Maryland,  if  such  tag  contains  the  initials 
D.  C.  in  plain  letters  not  less  than  one-half  inch  in  height  after 
such  District  license  number,  and  provided,  also,  that  where  it 
clearly  appears  that  the  registration  number  has  been  lost  by  acci- 
dent no  penalty  shall  be  imposed.  Every  operator  of  a  motor 
vehicle  shall  give  the  name  of  the  owner  or  the  name  and  resi- 
dence of  the  person  hiring  the  motor  vehicle  if  the  said  motor 
vehicle  be  a  hired  machine  and  the  registration  number  of  such 
vehicle  when  so  requested  by  the  keeper  of  a  toll-gate.  The  man- 
agers or  owners  of  all  toll-roads  shall  after  dark  suspend  a  red 
lantern  over  the  roadway  when  the  gate  is  down. 

Lamps,  brakes  and  bell. 

§  133.  Every  motor  vehicle  shall  carry  during  the  period  from 
one  hour  after  sunset  to  one  hour  before  sunrise,  at  least  two 
lighted  lamps,  showing  white  lights,  visible  at  least  two  hundred 
feet  in  the  direction  to  which  such  motor  vehicle  is  proceeding 
and  shall  also  exhibit  at  least  one  red  light  visible  in  the  reverse 
direction ;  upon  the  fronts  of  the  two  aforesaid  lamps  showing 
white  lights,  shall  be  displayed  in  such  manner  as  to  be  plainly 
visible  when  said  lamps  are  lighted,  the  number  of  the  license 
issued  as  aforesaid  by  the  secretary  of  state,  the  same  to  be  in 
separate  Arabic  numerals  in  lines  that  are  not  less  than  two 
inches  in  height.  Every  motor  vehicle  shall  also  be  provided  with 
good  and  efficient  brakes,  and  shall  also  be  provided  with  suitable 
bell,  horn  or  other  signal  device;  provided,  however,  that  the  user 
of  such  motor  vehicle  may  proceed  to  his  destination  in  event  of 
a  bona  fide  failure  of  his  lights  to  operate,  if  he  sounds  his  bell, 


Maryland.  1 


i  < 


horn,  or  other  signal  device  at  least  omr  in  every  two  hundred  feet, 
does  not  proceed  at   a   rate  of  speed  greater  than   one  mile   mi   ten 
minutes,  and   takes   the   first    reasonable   opportunity  1"    pul 
lights  in  order,  otherwise  such  operator  to  be  deemed  guilty  of  a 
violation  of  the  aforegoing  provision. 

Speed  rates. 

§  134.  The  following  rates  of  ±]n'c(\  may  be  maintained,  but 
shall  not  be  exceeded,  upon  any  public  street,  public  road  or  turn- 
pike, public  park  or  parkway,  public  drive  way  or  public  highway 
in  this  state  by  anyone  driving  a  motor  vehicle:  (1)  A  speed  of 
one  mile  in  ten  minutes  niton  the  sharp  curves  of  a  highway  and 
at  the  intersection  of  prominent  cross  roads  where  such  road  or 
highway  passes  through  the  open  country.  (2)  A  speed  of  one 
mile  in  ten  minutes  where  such  street  or  highway  passes  through 
the  built-up  portion  of  a  city,  town  or  village;  except  cities  of 
16,000  inhabitants  or  over,  elsewhere  except  as  otherwise  provided 
in  this  sub-title  a  speed  of  one  mile  in  five  minutes;  provided, 
however,  that  nothing  in  this  section  contained  shall  permit  any 
person  to  drive  a  motor  vehicle  at  any  speed  greater  than  is  reason- 
able, having  regard  to  the  traffic  and  use  of  highways,  or  so  as  to 
endanger  the  life  or  limb,  or  to  injure  the  property  of  any  person ; 
and  it  is  further  provided  that  nothing  in  this  section  contained 
shall  affect  the  right  of  any  person  injured  in  his  person  or  prop- 
erty by  the  negligent  operation  of  a  motor  vehicle  to  sue  and 
recover  damages  as  heretofore. 

Duties  upon  meeting  or  overtaking  horses,  et  cetera. 

§  135.  Upon  approaching  a  person  walking  in  the  roadway  of 
a  public  highway,  or  a  horse  or  other  draft  animal  being  ridden, 
led  or  driven  thereon,  a  person  operating  a  motor  vehicle,  shall 
give  reasonable  warning  of  its  approach  by  signalling  with  a  horn 
or  other  device,  and  shall  reduce  the  speed  of  such  vehicle  to  a 
speed  not  exceeding  one  mile  in  ten  minutes,  while  near  to  and 
passing  such  animals  so  ridden,  led  or  driven  as  aforesaid,  and  it 
shall  be  the  duty  of  the  person  so  riding,  leading  or  driving  Buch 
horse  or  other  animal  when  approached  from  the  rear,  as  soon  as 
practicable,  to  turn  to  the  right  of  the  centre  of  the  roadway, 
leaving  a  clear  open  space  for  such  motor  vehicle  to  pass.  It  such 
horse  or  other  draft  animal  shall  appear  frightened  at  the  approach 
12 


178  Automobile   Enactments. 

of  such  motor  vehicle,  whether  approaching  from  the  front  or 
rear,  or  if  the  person  in  charge  of  such  animal  shall  signal  by 
raising  his  hand,  the  person  in  charge  of  such  motor  vehicle,  if 
going  toward  such  horse  from  an  opposite  direction,  shall  guide 
the  motor  vehicle  as  far  as  practicable  to  the  side  of  the  roadway, 
and  bring  the  same  to  a  stop,  and  remain  standing  until  the  per- 
son in  charge  of  such  horse  or  other  animal  can  drive  or  alight, 
and  lead  his  horse  by,  or,  if  going  in  the  same  direction,  shall 
reduce  the  speed  of  such  motor  vehicle  and  bring  the  same  to  a 
stop  until  such  person  in  charge  of  such  horse  or  other  draft 
animal  shall  have  had  reasonable  time  to  alight,  if  desired,  and 
take  hold  of  such  horse  or  other  draft  animal,  or  otherwise  control 
the  same.  In  meeting  or  overtaking  horses  or  other  draft  animals 
ridden  or  driven  by  ladies  or  children  unattended  by  a  man,  it 
shall  be  the  duty  of  the  person  in  charge  of  a  motor  vehicle  to  use 
every  reasonable  precaution  to  avoid  frightening  such  horse  or 
other  animal,  and  if  requested  so  to  do,  to  stop  such  motor  vehicle, 
alight  therefrom,  and  lead  such  horse  or  other  animal  by  such 
motor  vehicle,  and  take  such  other  precaution  as  may  be  neces- 
sary to  avoid  accident.  The  horn  or  other  signal  device  shall  be 
used  only  for  the  purpose  of  giving  a  signal  of  approach,  and  shall 
not  be  sounded  while  passing  a  horse  or  other  draft  animal.  The 
horn  or  other  signal  device  shall  also  be  sounded  in  approaching 
sharp  curves,  intersecting  highways  and  the  tops  of  hills,  when 
driving  in  the  open  country.  In  passing  a  horse  or  other  draft 
animal  left  unattended  by  the  roadside,  whether  hitched  or  un- 
hitched, and  whether  in  a  city,  town  or  village,  or  in  the  open 
country,  the  person  in  charge  of  a  motor  vehicle  shall  reduce  the 
speed  thereof  to  a  mile  in  ten  minutes,  and  upon  any  sign  of  the 
horse  or  horses  being  frightened,  shall  immediately  stop  and  give 
notice  of  his  approach  by  a  blast  of  his  horn  or  other  signal  device, 
and  remain  standing  until  the  owner  or  driver  of  such  horse  or 
horses  can  get  hold  of  or  control  same. 

Speed  tests  may  be  permitted. 

§  136.  The  board  of  county  commissioners,  or  other  proper  local 
authorities  having  charge  of  the  roads  and  highways  (in  Balti- 
more city,  the  board  of  police  commissioners,)  may  in  their  dis- 
cretion, notwithstanding  the  other  provisions  of  this  sub-title,  set 
aside  for  a  given  time  a  specified  public  highway  or  highways  for 


Maryland.  1<!> 

speed,  tests  or  contests,  to  be  conducted  under  proper  restrictions 
for  the  safety  and  convenience  of  the  public. 

Racing  without  permission  forbidden. 

§  137.  Any  person  driving  a  motor  vehicle  upon  any  of  the 
public  highways  of  this  state  in  an  organized  race  (excepl  as  in 
this  aet  otherwise  provided)  or  on  a  bel  it  wager,  -hall  upon  con- 
viction, he  fined  in  a  sum  not  exceeding  one  hundred  dollars  ami 
in  default  of  payment  thereof,  be  punished  by  imprisonment  in 
the  county  or  city  jail,  as  the  case  may  be,  for  a  period  not  exi 
ing  thirty  days,  the  words  "organized  race"  as  used  in  this  sec- 
tion not  to  be  taken  to  embrace  a  casual  brush  on  the  public 
highways,  which,  however,  is  hereby  prohibited  and  is  to  lie  deemed 
punishable,  when  on  a  highway  where  persons  are  driving,  as  a 
violation  of  the  section  prohibiting  a  greater  speed  than  is  reason- 
able, and  when  otherwise  and  the  speed  exceeds  twelve  miles  an 
hour,  as  a  violation  of  sub-title  three  of  section  one  hundred  and 
thirty-four  of  this  act. 

Safety    devices    when    machine    is    unattended,    penalties    for 
neglect  of  same,  protection  of  machine  and  driver. 

§  138.  No  person  operating  any  steam  or  electric  motor  vehicle 
in  this  state  shall  allow  the  same  to  stand  unattended  on  or  by 
any  road,  street  or  other  highway,  without  securely  locking  the 
lever  or  other  device  by  which  the  same  is  started,  or  taking  other 
reasonable  precautions  to  prevent  such  vehicle  being  started  by 
unauthorized  persons;  and  no  person  operating  any  gasoline  motor 
vehicle  shall  leave  the  same  unattended  as  aforesaid  without  first 
stopping  the  motor  and  cutting  off  the  electric  current.  The 
penalty  for  a  violation  of  the  aforegoing  provision  shall  he  a  fine 
not  less  than  ten  dollars.  Any  person  who  shall,  without  au- 
thority of  the  person  in  charge  thereof,  climb  upon  or  in  any 
automobile,  whether  while  the  same  is  in  motion  or  at  rest,  or  hurl 
stones  or  other  missies  at  the  same,  or  at  the  occupanl 
or  who  shall,  while  such  motor  vehicle  is  at  rest  and  unattended, 
sound  the  horn  or  other  signalling  device,  or  attempt  to  manipu- 
late any  of  the  levers,  the  starting  crank,  brake-  or  machinery 
thereof,  or  set  said  vehicle  in  motion,  or  otherwise  damage  or 
interfere  with  the  same,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction,  be  fined  in  a   sum  nut   exceeding  tifty  dol- 


180  Automobile   Enactments. 

lars,  and  in  default  of  payment  of  the  fine  so  imposed  shall  be 
imprisoned  in  jail  or  other  proper  place  of  detention,  for  a  period 
not  exceeding  sixty  days. 

Punishments  for  specific  violations. 

§  139.  Any  person  violating  the  provisions  of  this  sub-title  shall, 
except  as  otherwise  provided  herein,  upon  conviction  be  fined  in 
a  sum  not  exceeding  the  amounts  hereinafter  respectively  set 
forth :  For  a  violation  of  section  one  hundred  and  thirty-one,  fifty 
dollars;  for  a  violation  of  section  one  hundred  and  thirty-two, 
twenty  dollars;  for  a  violation  of  section  one  hundred  and  thirty- 
three,  twenty  dollars;  for  a  violation  of  section  one  hundred  and 
thirty-four,  subdivision  one,  twenty-five  dollars;  for  a  violation 
of  section  one  hundred  and  thirty-four,  subdivision  two,  twenty- 
five  dollars ;  for  a  violation  of  section  one  hundred  and  thirty-four, 
subdivision  three,  fifty  dollars;  for  a  violation  of  section  one  hun- 
dred and  thirty-five,  fifty  dollars.  In  default  of  the  payment  of 
any  of  the  above  fines,  there  shall  be  imposed  an  imprisonment  in 
the  county  or  city  jail,  as  the  case  may  be,  for  a  period  not  ex- 
ceeding thirty  days,  provided  that  any  offender  who  shall  have  been 
found  guilty  of  any  violation  of  this  sub-title  and  sentenced  there- 
for, and  who  shall  be  convicted  of  a  second  offence  of  the  same 
violation,  may  for  such  second  offence  be  fined  in  double  the 
amount  herein  prescribed  for  the  first  offence,  and  in  default  of 
payment  of  such  fine,  may  be  imprisonod  in  jail  as  aforesaid  for  a 
period  not  exceeding  three  months.  In  the  case  of  any  operator 
of  a  motor  vehicle  arrested  for  a  violation  of  any  of  the  provisions 
of  this  sub-title,  and  who  in  addition  thereto  is  charged  on  oath 
with  being  an  habitually  reckless  driver  or  with  driving  habitually 
in  excess  of  speed  limits  of  this  sub-title  prescribed,  or  with 
habitually  driving  in  disregard  of  other  provisions  of  this  sub- 
title, the  magistrate  before  whom  such  charge  is  preferred,  shall 
transmit  the  papers  in  such  case  to  court,  accepting  bail  or  com- 
mitting in  default  thereof  as  in  other  cases,  and  upon  the  persons 
so  charged  being  convicted  of  the  charge  so  preferred  as  aforesaid, 
and  if  the  court  be  satisfied  that  such  person  has  been  an  habitually 
reckless  driver,  or  has  habitually  driven  in  excess  of  the  speed 
limits  herein  prescribed,  or  in  habitual  disregard  of  other  pro- 
visions of  this  sub-title,  such  court  may  in  its  discretion  sentence 
the  person  so  convicted   to  imprisonment  in  the  county  or  city 


Maryland.  1st 

jail,  as  the  case  may  be,  for  a  term  not  exceding  sixty  da; 
addition  to  imposing  the  fine  prescribed.  An>  person  charged 
with  the  violation  of  any  of  the  provisions  of  this  sub-title,  and 
being  convicted  thereof  before  any  committing  magistrate  <>r  justice 
of  the  peace  of  this  state,  shall  have;  the  righl  to  appeal  from  the 
judgment  of  such  magistrate  to  the  criminal  court  of  Baltimore 
city,  if  convicted  in  Baltimore  city,  or  court  of  criminal  juris- 
diction of  any  county  in  which  he  may  be  so  convicted,  and  such 
court  on  such  appeal  shall  hear  the  case  de  novo;  provider!,  how- 
ever, that  such  appeal  be  taken  within  thirty  days  from  the  date 
of  judgment.  All  fines  imposed  for  violations  of  the  provisions 
of  this  sub-title  shall  be  turned  over  to  the  proper  authorities  of 
the  city  or  counties  to  be  used  for  street  or  road  improvements, 
and  no  part  of  any  such  fines  shall  go  to  the  informer.  In  case  tin- 
owner  of  a  motor  vehicle  shall  be  taken  into  custody  because  of  a 
violation  of  any  provision  of  this  sub-title,  he  shall  be  forthwith 
taken  before  the  nearest  justice  of  the  peace  or  police  justice  or 
court,  and  be  entitled  to  an  immediate  hearing  and  if  such  hearing 
cannot  then  be  had,  be  released  from  custody  on  giving  his  per- 
sonal recognizance  to  appear  and  answer  for  such  violation  at 
such  time  and  place  as  shall  then  be  ordered,  Becured  by  the  de- 
posit of  a  sum  equal  to  the  maximum  fine  for  the  offence  with 
which  he  is  charged,  or  in  lieu  thereof,  by  leaving  the  motor 
vehicle  owned  by  such  person,  with  or  in  the  custody  of  such 
justice  of  the  peace,  police  justice  or  clerk  of  such  police  court, 
or,  in  case  such  justice  of  the  peace  or  police  justice  i-  not  ac- 
cessible, be  forthwith  released  from  custody,  on  giving  his  name 
and  address  to  the  officer  making  such  arrest,  and  depositing  with 
such  officer  a  sum  equal  to  the  maximum  fine  for  the  offence  for 
which  such  arrest  is  made,  or  in  lieu  thereof,  by  leaving  the  motor 
vehicle  owned  by  such  person  with  such  officer,  provided,  that  in 
such  case,  the  officer  making  such  arrest  shall  jrive  a  receipt  in 
writing  for  such  sum  or  vehicle,  and  by  indorsements  on  such 
receipt  notify  such  person  to  appear  before  the  nearest  justice  of 
the  peace  or  police  justice  or  court  on  the  following  day,  naming 
him  or  it,  and  specifying  the  place  and  hour.  In  case  security 
shall  be  deposited,  as  in  this  section  provided,  it  shall  he  returned 
to  the  person  depositing  the  same  forthwith  on  such  person  heinff 
admitted  to  bail,  on  the  surrender  of  the  receipt  or  voucher  given 
at  the  time  to  such  person.     If  a  motor  vehicle  shall  be  deposited 


182  Automobile   Enactments. 

as  security  as  aforesaid,  and  the  owner  thereof  so  elect  and  pay  the 
expense  thereof,  the  same  shall  be  taken  to  the  nearest  garage  or 
other  place  where  the  same  can  be  properly  kept  and  protected,  and 
there  left  subject  to  the  order  of  the  officer  or  justice  in  whose 
custody  it  was  left  as  aforesaid.  Any  officer  or  other  person  using 
or  operating  any  motor  vehicle  so  left  in  custody  as  aforesaid, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction, 
shall  be  sentenced  to  pay  a  fine  not  exceeding  one  hundred  dol- 
lars, or  in  default  thereof  be  imprisoned  for  a  period  not  exceeding 
sixty  days.  If  the  person  depositing  such  security  as  aforesaid 
shall  fail  to  appear  before  the  magistrate  or  court  at  the  time 
specified,  the  amount  deposited  by  him  may  be  declared  forfeited, 
and  be  disposed  of  as  money  deposited  for  bail  in  other  cases,  or 
the  motor  vehicle  so  left  as  security  may  be  sold  at  public  auction 
after  ten  days'  notice  to  the  owner  at  the  address  given,  and  by 
hand-bills  publicly  posted,  such  sale  to  be  by  order  of  the  justice 
of  the  peace  or  police  justice  or  court,  and  from  the  amount 
realized  upon  such  sale,  a  sum  equal  to  the  maximum  fine  for  the 
offense  charged,  shall  be  disposed  of  in  like  manner  as  though  such 
sums  had  been  deposited  as  aforesaid,  and  the  surplus,  if  any, 
after  deducting  all  expenses  incurred  in  keeping,  or  the  sale  of 
such  motor  vehicle,  be  returned  to  such  owner  on  demand. 

Chauffeurs,  duties,  registration,  fee,  badge,  et  cetera. 

§  139-a.  The  word  "  chauffeur "  as  used  in  this  section  shall 
mean  any  person  operating  a  motor  vehicle  as  mechanic,  employee 
or  for  hire,  except  employees  of  manufacturers  testing  uncom- 
pleted automobiles.  Every  person  hereafter  desiring  to  operate  a 
motor  vehicle  as  a  chauffeur,  shall  file  in  the  office  of  secretary 
of  state,  on  a  blank  to  be  supplied  by  such  secretary,  a  statement 
duly  verified  by  affidavit,  including  his  name  and  address,  and  the 
trade  name  and  motive  power  of  the  motor  vehicle  or  vehicles  he 
is  able  to  operate,  and  shall  pay  a  registration  fee  of  two  dollars, 
one  dollar  of  which  fee  shall  be  retained  by  the  secretary  of  state 
for  his  services  in  issuing  the  license  and  for  furnishing  the  said 
chauffeur  with  a  badge,  and  the  remaining  one  dollar  shall  be  paid 
to  the  state  treasurer  for  the  use  of  the  state  road  fund.  The 
secretary  of  state  shall  thereupon  file  such  statement  in  his  office, 
register  such  chauffeur  in  a  book  to  be  kept  for  the  purpose, 
properly  indexed  and  assign  such  chauffeur  a  distinguishing  regis- 


Maryland.  is:; 

tration  number.  The  secretary  of  state  shall  forthwith  upon  Buch 
registration,  and  without  further  fee,  issue  and  cause  to  be  de- 
livered to  such  chauffeur,  a  badge  of  aluminum  or  other  Buitable 
metal,  which  shall  be  oval  in  form,  :md  the  greater  diameter  of 
which  shall  not  be  more  than  two  inches,  having  stamped  thereon 
the  words  "  Registered  Chauffeur,  No. ,  Maryland,"  with  regis- 
tration number  inserted  therein;  which  badge  shall  thereafter  be 
worn  by  such  chauffeur  pinned  upon  his  clothing  in  a  conspicuous 
place  at  all  times  while  he  is  operating  a  motor  vehicle  upon  the 
public  highways.  No  chauffeur,  having  registered  as  hereinabove 
provided,  shall  knowingly  permit  any  other  person  to  wear  his 
badge,  nor  shall  any  other  person,  while  operating  a  motor  vehicle, 
wear  any  badge  belonging  to  another  person,  or  badge  bearing  a 
fictitious  number.  No  person  shall  knowingly  employ  any  person 
to  operate  a  motor  vehicle  as  a  chauffeur  unless  the  person  so 
employed  has  complied  with  the  provisions  of  this  section,  and  no 
person  shall  operate  a  motor  vehicle,  as  a  chauffeur,  upon  the 
public  highways,  after  thirty  days  after  this  act  takes  effect,  unless 
such  person  shall  have  complied  in  all  respects  with  the  require- 
ments of  this  section.  No  chauffeur  or  other  person  shall  drive 
or  operate  any  motor  vehicle  upon  any  street  or  highway  in  the 
absence  of  the  owner  of  such  motor  vehicle  without  his  consent. 
No  chauffeur  or  other  person  having  the  care  of  a  motor  vehicle 
for  the  owner  shall  receive  or  take,  directly  or  indirectly,  any 
bonus,  discount  or  other  consideration  on  supplies  or  parts  fur- 
nished or  purchased  for  such  motor  vehicle,  or  on  work  or  labor 
done  thereon  by  others;  and  no  person  furnishing  such  supplies  or 
parts,  work  or  labor,  shall  give  or  offer  any  such  chauffeur  or 
other  person  having  the  care  of  a  motor  vehicle  for  the  owner, 
directly  or  indirectly,  any  bonus,  discount  or  other  consideration 
thereon.  Any  person  violating  any  of  the  provisions  of  this  sec- 
tion shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  a  sum  not  exceeding  one  hundred  dollars,  or  be  im- 
prisoned in  the  city  or  county  jail  for  a  period  not  exceeding 
sixty  days.  Chauffeurs,  while  operating  motor  vehicles  on  the 
public  highways  of  this  state  shall  be  subject  to  all  the  provisions 
and  penalties  in  this  sub-title  provided,  relating  to  violations  of 
the  provisions  of  this  sub-title,  and  upon  conviction  of  a  second 
offence  or  of  any  offence  in  this  sub-title  prohibited,  the  justice  of 
the  peace  or  other  judicial  officer  imposing  sentence  may  revoke 


184  Automobile   Enactments. 

such  chauffeur's  license  for  a  period  not  exceeding  three  months 
in  addition  to  imposing  the  penalty  prescribed,  such  judicial  officer 
to  retain  such  chauffeurs  badge  until  the  expiration  of  the  period 
for  which  his  license  may  be  revoked.  Upon  conviction  of  a 
chauffeur  in  a  criminal  court,  and  his  being  found  by  the  court 
to  be  an  habitual  offender,  as  in  section  one  hundred  and  thirty- 
nine  of  this  sub-title  provided,  the  court  may  in  its  discretion 
revoke  such  chauffeur's  license  absolutely;  in  which  event  such 
chauffeur's  badge  shall  be  returned  to  the  secretary  of  state,  and 
the  person  to  whom  such  badge  was  so  issued  shall  not  be  per- 
mitted or  entitled  to  register  again  for  a  period  of  one  year  from 
the  date  of  such  conviction. 

Definition  of  term  motor  vehicle. 

§  140.  Whenever  the  term  motor  vehicle  is  used  in  this  sub- 
title, it  shall  be  construed  to  include  automobiles,  locomobiles,  and 
all  other  vehicles  propelled  otherwise  than  by  muscular  power  and 
having  more  than  two  wheels,  but  shall  not  be  taken  to  include  the 
cars  of  electric  and  steam  railways  and  other  vehicles  running 
only  upon  rails  or  tracks,  road  or  traction  engines,  bicycles,  tri- 
cycles or  other  similar  vehicles  propelled  exclusively  by  muscular 
power,  or  motor  cycles,  except  as  to  the  speed  herein  prescribed. 

Inconsistent  acts  repealed. 

§  2.  And  be  it  enacted,  that  all  acts  and  parts  of  acts  incon- 
sistent herewith  or  contrary  hereto  are  hereby  repealed  to  the  extent 
of  such  inconsistency. 

Former  licenses  remain  in  effect. 

§  3.  And  be  it  enacted,  that  all  licenses  to  operate  motor  vehicles 
in  this  state  heretofore  issued  by  the  secretary  of  state,  shall  re- 
main in  full  force  and  effect  and  shall  not  be  in  anywise  affected 
by  the  provisions  of  this  act. 

Takes  effect. 

§  4.  And  be  it  enacted,  that  this  act  shall  take  effect  from  the 
date  of  its  passage. 

Approved  April  3, 1906. 


MASSACHUSETTS. 

Information  Relating  to  the  Registration  of  Ai  tomobiles  and 
Motok   Cycles,  and   Licenses   to   Operate. 

Registration  and  license  defined. 

Sec.  1.  In  the  Automobile  Law  the  term  "  registration "  has 
reference  to  a  vehicle.  The  term  "  license  "  has  reference  to  the 
operator.  Machines  are  not  "  licensed  "  —  they  are  "  registered." 
The  operator,  not  the  vehicle,  is  "  licensed." 

Applications  for  registration  and  for  licenses. 

§  2.  All  applications  for  the  registration  of  automobiles  or 
motor  cycles,  and  for  the  licensing  of  operators  thereof,  must  be 
made  upon  the  printed  forms  adopted  by  the  Massachusetts  high- 
way commission,  which  will  be  sent  upon  request. 

Filling  of  blanks. 

§  3.  The  blanks  must  all  be  filled  so  far  as  possible ;  the  applica- 
tions and  the  signatures  must  be  plainly  written. 

Fees,  et  cetera. 

§  4.  The  fees  prescribed  by  law  must,  in  all  cases,  be  mailed 
or  deposited  with  the  applications.  All  checks  or  money  orders 
must  be  made  payable  to  the  Massachusetts  Highway  Commis- 
sion. 

Postage  to  be  prepaid. 

§  5.  Full  postage  must  be  paid  on  all  documents  sent  to  the 
commission.  No  letters  with  "  due  stamps "  thereon  will  be 
received. 

Number  plates. 

§  6.  For  the  sake  of  uniformity  the  commission  furnishes 
register  number  plates  (two)  for  each  automobile  which  is  regis- 
tered.    No   charge   is   made   for   the   plates,   but  express  charges 

[185] 


186  Automobile   Enactments. 

thereon  are  paid  by  the  receiver.  These  numbers  are  on  enameled 
iron  plates,  in  Arabic  numerals  four  inches  in  height,  as  prescribed 
by  law.  The  figures  are  in  white  on  a  dark  blue  background,  and 
each  plate  has  on  it  the  words  "  Mass.  Automobile  Register  "  in 
small  letters,  with  the  register  number  below.  The  number  plates 
must  be  attached  to  the  front  and  back  of  automobiles.  On  motor 
cycles  the  register  number  must  be  painted  as  prescribed  in  the 
certificate  of  registration.  On  both  automobiles  and  motor  cycles 
the  numbers  must  be  so  placed  as  to  be  always  plainly  visible. 

Number  plates  of  private  design,  et  cetera. 

The  use  of  number  plates  of  private  design  is  not  permitted 
except  that  if  a  number  plate  is  lost,  a  written  license  to  use  such 
a  plate  of  private  design  for  a  limited  period  may  be  had  upon 
application  to  the  commission. 

Lamps,  et  cetera. 

§  7.  The  certificates  of  registration  provide  that  automobiles 
shall  have  a  lamp  on  each  side  and  that  motor  cycles  shall  have 
one  lamp  in  front.  The  lamps  are  to  show  white  lights  which  shall 
be  visible  for  a  distance  of  at  least  two  hundred  feet  in  front  of 
the  vehicles.  The  register  number  is  to  be  placed  on  the  sides 
or  on  the  fronts  of  the  lamps.  The  number  is  to  be  composed  of 
Arabic  numerals  at  least  one  inch  in  height,  and  these  are  to  be 
plainly  visible  when  the  lamps  are  lighted.  It  is  not  necessary 
that  the  lamps  shall  be  on  the  motor  vehicles,  except  at  such  times 
as  they  are  by  law  required  to  be  lighted. 

Licenses  to  operate,  et  cetera. 

§  8.  Registration  of  a  motor  vehicle  by  the  owner  or  person  in 
control  thereof  does  not  give  such  person  the  right  to  operate  the 
machine  upon  a  highway.  Each  person  who  operates  a  motor 
vehicle  must  have  an  operator's  license. 

Operators  for  hire,  et  cetera. 

A  licensed  person  may  operate  any  registered  machine.  To 
operate  for  hire,  however,  a  special  (professional  chauffeur's) 
license  is  necessary.  Operators  for  hire  will  be  furnished  with  a 
badge  which  is  to  be  worn  as  specified  in  the  license. 


Massachusetts.  1 8  < 

Expiration  of  operator's  license. 

A  private  operator's  license  does  not  expire  yearl.C '  It  con- 
tinues in  force  indefinitely,  unless  suspended  or  revoked  for  cause. 
A  professional  chauffeur's  license  expires  one  year  from  the  time 
it  is  issued. 

Fees,  amount  of,  et  cetera. 

§  9.  The  registration  fee  for  each  machine  is  two  dollars.  The 
license  fee  is  two  dollars.  The  amount  to  be  paid,  therefore,  by  a 
person  who  registers  one  vehicle  and  takes  out  a  private  operator's 
license  is  four  dollars.  The  fee  for  a  renewal  of  a  professional 
chauffeur's  license,  after  May  twentieth,  nineteen  hundred  and 
five,  will  be  fifty  cents. 

When  ownership  of  a  motor  vehicle  is  transferred,  the  vehicle 
must  be  registered  by  new  owner,  et  cetera. 

§  10.  The  registration  of  a  motor  vehicle  continues  in  force 
until  the  machine  is  sold  or  its  ownership  is  otherwise  transferred. 
Each  time  the  ownership  of  a  motor  vehicle  is  transferred,  regis- 
tration by  the  new  owner  or  person  in  control  thereof  is  necessary 
if  the  machine  is  to  be  operated  on  the  highways.  Registration 
certificates  are  not  transferable,  nor  may  number  plates  be  trans- 
ferred from  one  machine  to  another.  When,  however,  a  motor 
vehicle  is  sold,  or  its  ownership  is  transferred,  the  use  thereafter 
of  the  number  plates  previously  assigned  to  it  is  not  permitted 
on  any  other  vehicle  except  by  the  person  to  whom  they  were 
originally  assigned,  and  then  only  after  the  payment  of  the  regular 
registration  fee  and  the  issuance  of  a  new  certificate.  If  the 
ownership  of  a  motor  vehicle  which  has  been  registered  is  changed 
the  vehicle  will  not  be  again  registered  under  its  former  number, 
and  the  new  owner  may  not  operate  it  under  its  former  number. 

Manufacturers'  and  dealers'  certificate  of  registration. 

§  11.  Applications  for  certificates  of  registration  for  manu- 
facturers of  or  dealers  in  motor  vehicles  must  be  in  the  name  of 
some  person  duly  authorized  to  represent  the  concern.  A  special 
form  has  been  prepared  for  applications  of  this  nature,  as  well  as 
a  special  form  of  certificate  of  registration.  Manufacturers  and 
dealers  will  be  required  to  take  out  a  separate  certificate  oi 
tration  for  each  branch  establishment  which  they  have  in  Massa- 


188  Automobile   Enactments. 

chusetts.     The  fee  for  each  certificate  of  registration  of  a  manu- 
facturer or  dealer  is  ten  dollars. 

Changes  in  automobile  law. 

§  12.  After  May  twentieth,  nineteen  hundred  and  five,  certain 
changes  in  the  present  law  take  effect.  Applicants  for  certificates 
of  registration  and  for  operator's  licenses,  and  others  interested, 
are  urged  to  read  carefully  the  laws  relating  to  automobiles  and 
their  operation  printed  in  the  pages  following.  Attention  is  also 
called  to  the  changes  in  the  "  speed "  provision  as  stated  in 
chapter  three  hundred  and  sixty-six  of  the  acts  of  nineteen  hun- 
dred and  five,  which  will  be  in  effect  after  June  third,  nineteen 
hundred  and  five,  also  hereinafter  printed. 


Acts  of  1903,  Chapter  473. 

[As  amended  by  chapters  311  and  366  of  the  Acts  of  the  year 

1905.] 

An  Act  to  Provide   for  Registering  Automobiles   and   Motor 
Cycles  and  for  Licensing  Operators  Thereof. 

Be  it  enacted,  et  cetera,  as  follows: 

Registration  of  automobiles  and  motor  cycles. 

Sec.  1.  All  automobiles  and  motor  cycles  shall  be  registered  by 
the  owner  or  person  in  control  thereof  in  accordance  with  the  pro- 
visions of  this  act.  Application  for  such  registration  may  be 
made,  by  mail  or  otherwise,  to  the  Massachusetts  highway  com- 
mission or  any  agent  thereof  designated  for  this  purpose,  upon 
blanks  prepared  under  its  authority.  The  application  shall,  in 
addition  to  such  other  particulars  as  may  be  required  by  said 
commission,  contain  a  statement  of  the  name,  place  of  residence 
and  address  of  the  applicant,  with  a  brief  description  of  the  automo- 
bile or  motor  cycle,  including  the  name  of  the  maker,  the  num- 
ber, if  any,  affixed  by  the  maker,  the  character  of  the  motor  power, 
and  the  amount  of  such  motor  power  stated  in  figures  of  horse 
power;  and  with  such  application  shall  be  deposited  a  registration 


Massachusetts.  L89 

fee  of  two  dollars.  The  said  commission  or  its  duly  authorized 
agent  shall  then  register,  in  a  book  to  be  kept  for  thejonrpdae,  the 
automobile  or  motor  cycle  described  in  the  application,  giving  to 
such  automobile  or  motor  cycle  a  distinguishing  number  or  other 
mark,  and  shall  thereupon  issue  to  the  applicant  a  certificate  "f 
registration.  Said  certificate  shall  contain  the  oame,  pla< 
residence  and  address  of  the  applicant  and  the  registered  number 
or  mark,  shall  prescribe  the  manner  in  which  said  registered  Dum- 
ber or  mark  shall  be  inscribed  or  displayed  upoo  the  automobile 
or  motor  cycle,  and  shall  be  in  such  form  and  contain 
further  provisions  as  the  commission  may  determine.  A  proper 
record  of  all  applications  and  of  all  certificates  issued  shall  be 
kept  by  the  commission  at  its  main  office,  and  shall  be  open  to  the 
inspection  of  any  person  during  reasonable  business  hours.  The 
certificate  of  registration  shall  always  be  carried  in  some  easily 
accessible  place  in  the  automobile  or  motor  cycle  described  therein. 
Upon  the  transfer  of  ownership  of  any  automobile  or  motor  cycle 
its  registration  shall  expire  and  the  person  in  whose  name  such 
vehicle  is  registered  shall  immediately  return  the  certificate  of 
registration  to  the  Massachusetts  highway  commission  with  a 
written  notice  containing  the  date  of  such  transfer  of  ownership 
and  the  name,  place  of  residence  and  address  of  the  new  owner. 
The  Massachusetts  highway  commission,  at  its  discretion,  may 
assign  to  any  person  who  so  surrenders  his  registration  cert  i 
and  who  desires  to  register  another  automobile  or  motor  eye  li- 
the distinguishing  number  or  mark  described  in  the  surrendered 
certificate.  No  number  or  number  plate  other  than  those  pre- 
scribed by  the  Massachusetts  highway  commission  in  its  certifi- 
cates of  registration  shall  be  displayed  on  any  automobile  or  motor 
cycle  operated  in  this  commonwealth:  provided,  however,  that  any 
automobile  or  motor  cycle  owned  by  a  non-resident  of  this  state 
who  has  complied  with  the  laws  relative  to  motor  vehicles  and  the 
operation  thereof  of  the  state  in  which  he  resides  may  be  operated 
by  such  owner  on  the  roads  and  highways  of  this  state  for  a  i 
not  exceeding  fifteen  days  without  the  license,  certificate  of  regis- 
tration and  number  plates  furnished  by  the  Massachusetts  high- 
way commission.  Every  such  vehicle  shall  have  displayed  upon  it 
the  distinguishing  number  or  mark  of  the  state  in  which  the 
owner  thereof  resides  and  none  other  until  the  vehicle  is  registered 
in  accordance  with  the  provisions  of  this  section. 


190  Automobile   Enactments. 

Distinguishing  numbers  or  marks  may  be  issued  to  manufac- 
turers and  dealers,  et  cetera. 

§  2.  Every  manufacturer  of  or  dealer  in  automobiles  or  motor 
cycles  may,  instead  of  registering  each  automobile  or  motor  cycle 
owned  or  controlled  by  him,  make  application  upon  a  blank  pro- 
vided by  said  commission  for  a  general  distinguishing  number  or 
mark,  and  said  commission  may,  if  satisfied  of  the  facts  stated 
in  said  application,  grant  said  application,  and  issue  to  the  ap- 
plicant a  certificate  of  registration  containing  the  neme,  place  of 
residence  and  address  of  the  applicant,  and  the  general  distinguish- 
ing number  or  mark  assigned  to  him,  and  made  in  such  form  and 
containing  such  further  provisions  as  said  commission  may  de- 
termine; and  all  automobiles  and  motor  cycles  owned  or  controlled 
by  such  manufacturer  or  dealer  shall,  until  sold  or  let  for  hire  or 
loaned  for  a  period  of  more  than  five  successive  days,  be  regarded 
as  registered  under  such  general  distinguishing  number  or  mark. 
The  fee  for  every  such  certificate  of  registration  shall  be  ten 
dollars. 

Operating  of  unregistered  automobiles  or  motor  cycles  on 
public  highways,  et  cetera,  after  September  i,  1903,  pro- 
hibited, except,  et  cetera. 

§  3.  Except  as  otherwise  provided  herein,  no  automobile  or 
motor  cycle  shall,  after  the  first  day  of  September  in  the  year 
nineteen  hundred  and  three,  be  operated  upon  any  public  highway 
or  private  way  laid  out  under  authority  of  statute,  unless  regis- 
tered as  above  provided,  and  the  registered  number  or  mark  of 
every  automobile  and  motor  cycle  operated  as  aforesaid  shall  at 
all  times  plainly  be  displayed  thereon  in  Arabic  numerals  not  less 
than  four  inches  long,  and  conforming  in  this  and  other  details 
to  the  requirements  prescribed  by  the  highway  commission  in  its 
certificate  of  registration. 

Licenses  to  be  issued  by  the  Massachusetts  highway  commis- 
sion, et  cetera. 

§  4.  Licenses  for  operating  automobiles  and  motor  cycles  shall 
be  issued  by  the  Massachusetts  highway  commission  or  duly  au- 
thorized agents  thereof.  Application  shall  be  made  upon  blanks 
prepared   by  the   commission  for  this   purpose,   and   the   licenses 


Massachusetts.  l:  *  1 

issued  shall  bo  in  such  form  and  shall  contain  such  provisi 
said  commission  may  determine.  To  each  licensee  shall  - 
signed  some  distinguishing  number  or  mark,  and  a  proper  i 
of  all  applications  for  license  and  of  all  licensee  issued  shall  be 
kept  by  the  commission  at  its  main  office,  and  shall  be  open  to  the 
inspection  of  any  person  during  reasonable  business  bour  ,  Each 
license  shall  state  the  name,  place  of  residence  and  address  of  the 
licensee  and  the  distinguishing  number  or  mark  assigned  to  him. 
Special  licenses  for  operating  automobiles  or  motor  cycles  for 
hire  shall  be  issued  by  the  commission,  but  no  such  license  shall 
be  issued  until  the  commission  or  its  authorized  agenl  shall  have 
satisfied  itself  or  himself  that  the  applicant  is  a  proper  person  to 
receive  it.  Such  licenses  shall  be  granted  for  one  year  only.  The 
f^e  for  each  original  license  to  operate  shall  be  two  dollars,  and 
the  fee  for  the  renewal  of  each  license  to  operate  for  hire  shall 
be  fifty  cents.  All  fees  shall  be  deposited  at  the  time  of  making 
the  application.  The  commission  may  at  any  time  suspend  or 
revoke  any  license  for  any  misconduct  of  the  licensee.  Before  a 
license  to  operate  is  granted,  the  applicant  shall  pass  such  ex- 
amination as  to  his  qualifications  as  may  be  required  by  the  state 
highway  commission.  The  provisions  of  this  section  shall  not 
prevent  the  operation  of  automobiles  by  unlicensed  persons  if 
riding  with  or  accompanied  by  a  licensed  chauffeur  or  operator. 
The  operator's  license  shall  always  be  carried  by  the  licensee  when 
he  is  operating  an  automobile  or  motor  cycle. 

Operating  by  unlicensed  persons  prohibited,  et  cetera. 

§  5.  Except  as  hereinafter  provided,  no  person  shall,  on  or 
after  the  first  day  of  September  in  the  year  nineteen  hundred  and 
three,  operate  an  automobile  or  motor  cycle  upon  any  public  high- 
way or  private  way  laid  out  under  authority  of  statute,  unless 
licensed  so  to  do  under  the  provisions  of  this  act.  No  person  shall 
operate  an  automobile  or  motor  cycle  for  hire,  unless  specially 
licensed  by  the  commission  so  to  do.  No' person  shall  employ  for 
hire  as  chauffeur  or  operator  of  an  automobile  or  motor  cycle  air- 
person  not  specially  licensed  as  aforesaid,  and  every  chi 
or  operator  for  hire  shall,  while  so  acting,  display  the  distinguish- 
ing number  or  mark  assigned  to  him,  in  such  manner  as  may  be 
prescribed  by  the  commission. 

§  6.  (Repealed  by  Acts  of  1905,  chapter  311.) 


192  Automobile   Enactments. 

Persons  having  charge  of  automobiles  or  motor  cycles  to  use 
certain  precaution. 

§  7.  Every  person  having  control  or  charge  of  an  automobile 
or  motor  cycle  shall,  whenever  upon  any  public  street  or  way  and 
approaching  any  vehicle  drawn  by  a  horse  or  horses,  or  approaching 
any  horse  upon  which  any  person  is  riding,  operate,  manage  and 
control  such  automobile  or  motor  cycle  in  such  manner  as  to 
exercise  every  reasonable  precaution  to  prevent  the  frightening  of 
such  horse  or  horses,  and  to  insure  the  safety  and  protection  of 
any  person  riding  or  driving  the  same.  And  if  such  horse  or 
horses  appear  to  be  frightened,  the  person  in  control  of  such 
automobile  or  motor  cycle  shall  reduce  its  speed,  and  if  requested 
by  signal  or  otherwise  by  the  rider  or  driver  of  such  horse  or 
horses  shall  not  proceed  farther  towards  such  animal  unless  such 
movement  be  necessary  to  avoid  accident  or  injury,  or  until  such 
animal  appears  to  be  under  the  control  of  its  rider  or  driver,  and 
in  case  of  extreme  fright  shall  reduce  the  motive  power  to  a  full 
stop. 

Speed  limit  (see  Acts  of  1905,  chapter  366,  section  1). 

§  8.  No  automobile  or  motor  cycle  shall  be  run  on  any  public 
way  or  private  way  laid  out  under  the  authority  of  statute  out- 
side the  limits  of  a  city  or  the  thickly  settled  or  business  part 
of  a  town  or  fire  district  at  a  speed  exceeding  fifteen  miles  an 
hour,  or  within  a  city  or  the  thickly  settled  or  business  part  of  a 
town  or  fire  district  at  a  speed  exceeding  ten  miles  an  hour. 
Upon  approaching  a  crossing  of  intersecting  ways,  also  in  travers- 
ing a  crossing  or  intersection,  and  in  going  around  a  corner  or  a 
curve  in  the  highway  every  person  operating  an  automobile  or 
motor  cycle  shall  run  it  at  a  rate  of  speed  less  than  that  herein- 
before specified  and  at  no  time  greater  than  is  reasonable  and 
proper,  having  regard  to  traffic  and  the  use  of  the  way  and  the 
safety  of  the  public,  and  in  no  event  exceeding  eight  miles  an 
hour. 

Penalties. 

§  9.  The  commission  may,  after  due  hearing,  suspend  or  revoke 
a  certificate  issued  under  section  one  of  this  act,  or  the  license  or 
certificate  issued  to  any  person  under  sections  two  and  four  of 


Massachusetts.  L93 

this  act,  for  any  cause  which   it    may  deem  sufficient;  and   anj 
person  convicted  of  violating  any  provision  of  this  acl    may   be 

punished  by  a  fine  not  exceeding  twenty  live  dollara  t 
offence,  and  not  exceeding  fifty  dollars  for  a  second  offence,  and 
not  exceeding  one  hundred  dollars  for  subsequenl  offences  com- 
mitted during  each  calendar  year;  and  the  penalties  imposed  for 
violations  of  any  provision  of  this  act  for  any  calendar  year  shall 
be  imposed  without  regard  to  violations  thereof  committed  in  any 
previous  calendar  year.  Any  person  convicted  of  operating  an 
automobile  or  motor  cycle  in  this  commonwealth  after  his  license 
to  operate  has  been  suspended  or  revoked,  and  any  person  con- 
victed of  operating  or  causing  or  permitting  any  other  person  to 
operate  an  automobile  or  motor  cycle  after  the  certificate  of  regis- 
tration for  such  vehicle  has  been  suspended  or  revoked,  shall  be 
punished  by  a  fine  not  exceeding  one  hundred  dollars  or  by  im- 
prisonment for  a  term  of  ten  days,  or  by  both  such  fine  and 
imprisonment. 

To  be  provided  with  brake,  bell,  light,  et  cetera. 

§  10.  Every  automobile  or  motor  cycle  operated  in  this  com- 
monwealth shall  be  provided  with  an  adequate  brake,  with  a 
muffler,  and  with  a  suitable  bell,  horn  or  other  means  of  signalling, 
and  shall,  during  the  period  from  one  hour  after  sunset  to  one 
hour  before  sunrise,  display  lights,  with  the  registered  Dumber  or 
mark  thereon,  of  such  size  as  may  be  prescribed  by  the  highway 
commission. 

To  be  provided  with  lock,  et  cetera. 

§  11.  Every  automobile  or  motor  cycle  shall  be  provided  with  a 
lock,  key  or  other  device  to  prevent  said  vehicle  from  being  set  in 
motion,  and  no  person  shall  allow  any  such  vehicle  operated  by 
him  to  stand  or  remain  unattended  in  any  street,  avenue,  road, 
alley,  highway,  park,  parkway  or  other  public  place  without  first 
locking  or  making  fast  the  vehicle  as  above  provided. 

Fees  to  be  paid  into  treasury  monthly. 

§  12.  The  fees  received  under  the  provisions  of  this  act  shall 
be  paid  monthly  by  the  secretary  of  the  highway  commission  into 
the  treasury  of  the  commonwealth;  and  such  expenses  as  may  be 
13 


194  Automobile   Enactments. 

necessary  in  carrying  out  the  provisions  of  this  act  shall  be  paid 
out  of  the  treasury  of  the  commonwealth. 

Terms  defined. 

§  13.  The  terms  automobile  and  motor  cycle  as  used  in  this  act 
shall  include  all  vehicles  propelled  by  power  other  than  muscular 
power,  excepting  railroad  and  railway  cars  and  motor  vehicles 
running  only  upon  rails  or  tracks,  and  steam  road  rollers. 

§  14.   (Repealed  by  Acts  of  1905,  chapter  366.) 

§  15.  Chapter  three  hundred  and  fifteen  of  the  acts  of  the  year 
nineteen  hundred  and  two  is  hereby  repealed. 

§  16.  Except  as  otherwise  provided  herein,  this  act  shall  take 
effect  upon  its  passage. 

Acts  of  1903,  chapter  473,  approved  June  26,  1903. 

Acts  of  1905,  chapter  311,  approved  April  20,  1905. 

Acts  of  1905,  chapter  366,  approved  May  4,  1905. 


Acts  of  1905,  Chapter  311   (in  part). 

An  Act  Relative  to  the  Registration  of  Automobiles  and  Motor 
Cycles  and  to  the  Licensing  of  the  Operators  Thereof. 

Be  it  enacted,  et  cetera,  as  follows: 

Massachusetts  highway  commission,  et  cetera,  may  administer 
oaths  and  take  testimony;  persons  swearing  falsely,  et 
cetera,  guilty  of  perjury. 

Sec.  1.  In  the  administration  of  the  law  providing  for  regis- 
tering automobiles  and  motor  cycles  and  for  licensing  operators 
thereof,  any  member  of  the  Massachusetts  highway  commission, 
or  its  secretary,  may  administer  oaths  and  take  testimony;  and 
any  person  who  wilfully  swears  or  affirms  falsely  in  regard  to  any 
matter  or  thing  respecting  which  such  oath  or  affirmation  is 
required  by  said  commission  shall  be  deemed  guilty  of  perjury. 

Certain  records  to  be  kept  by  courts,  et  cetera. 

§  6.  A  full  record  shall  be  kept  by  every  court  or  trial  justice 
in  this  commonwealth  of  every  case  in  which  a  person   is  con- 


Massachusetts.  195 

victed  under  the  provisions  of  said  chapter  four  hundred  and 
seventy-three  or  of  any  ether  acl  relative  to  automobiles  or  motor 
cycles,  and  a  cert  i lied  copy  of  such  record  shall  be  seffl  forthwith 
by  the  court  or  trial  justice  to  the  Massachusetts  highway  com- 
mission. Said  courts  and  trial  ju  tic<  :  ball  furnish  to  the  M 
chusetts  highway  commission  the  details  of  any  particularly 
flagrant  cases  which  may  be  heard  before  them,  and  they  may 
make  such  recommendations  to  said  commission  as  to  the  sus- 
pension or  revocation  of  the  license  or  certificate  of  registration 
of  the  persons  defendant  in  such  cases  as  they  may  deem  acces- 
sary. Said  commission  shall  keep  such  records  in  its  main  office, 
and  they  shall  be  open  to  the  inspection  of  any  person  during 
reasonable  business  hours. 

§  7.  Section   six  of  chapter  four  hundred   and   seventy-three  of 
the  acts  of  the  year  nineteen  hundred  and  three  is  hereby  repealed. 

Approved  April  20,  1905. 


Acts  of   1905,  Chapter  366. 

An  Act  Relative  to  the  Speed  at  Which  Automobiles  and  Motor 
Cycles  May  Be  Operated  on  Public  Wats. 

Be  it  enacted,  et  cetera,  as  follows: 

City  councils,  et  cetera,  and  selectmen  may  make  special  speed 
regulations,  et  cetera. 

Sec.  1.  The  city  council  of  a  city  or  the  board  of  aldermen  of 
a  city  having  no  common  council,  and  the  selectmen  of  a  town, 
may  make  special  regulations  as  to  the  speed  of  automobiles  and 
motor  cycles  and  as  to  the  use  of  such  vehicles  on  particular  roads 
or  ways,  including  their  complete  exclusion  therefrom.  If  tiny  de- 
termine that  on  any  particular  way  a  speed  greal  r  than  the  speeds 
specified  in  section  eight  of  chapter  four  hundred  and  seventy- 
three  of  the  acts  of  nineteen  hundred  and  three  may  he  permitted 
with  safety,  they  may  make  such  special  regulations  as  may  appear 
to  them  to  be  necessary;  provided,  however,  that  no  such  special 
regulation  increasing  or  lessening  the  speed  at  which  automobiles 
and  motor  cycles  may  be  run  on  the  public  highways,  or  excluding 
them  therefrom,  shall  be  effective  unless  such  regulation  shall 
have  been  published  in  one  or  more  newspapers,  if  there  !><•  any, 


196  Automobile   Enactments. 

published  in  such  city  or  town,  otherwise  in  one  or  more  news- 
papers published  in  the  county  in  which  the  city  or  town  is  situ- 
ated. If,  within  fifteen  days  after  the  publication  of  such  notice, 
not  less  than  fifty  residents  of  Massachusetts,  at  least  ten  of  whom 
shall  be  taxpayers  of  the  city  or  town,  file  a  written  protest  with 
the  Massachusetts  highway  commission,  such  special  regulation 
shall  not  be  valid  until  approved  by  said  board  after  public  notice 
and  a  hearing  given  by  said  board  in  the  city  or  town.  Such 
special  regulations  shall  be  posted  conspicuously  by  or  under  the 
direction  of  the  Massachusetts  highway  commission  on  sign  boards 
at  such  points  as  the  board  may  deem  necessary.  The  cost  of  such 
sign  boards  and  the  expenses  in  connection  with  their  erection 
and  maintenance  shall  be  paid  out  of  the  appropriation  for  ex- 
penses in  connection  with  the  registration  of  automobiles  and 
motor  cycles  and  the  licensing  of  operators  thereof.  No  ordinance, 
by-law  or  regulation  now  in  force  in  any  city  or  town  which 
regulates  the  speed  at  which  automobiles  or  motor  cycles  shall  be 
run  upon  its  public  ways  shall  hereafter  have  any  force  or  effect. 
Nothing  herein  contained  shall  be  so  construed  as  to  affect  the 
rights  of  boards  of  park  commissioners,  as  authorized  by  law. 

Repeal. 

§  2.  Section  fourteen  of  chapter  four  hundred  and  seventy- 
three  of  the  acts  of  the  year  nineteen  hundred  and  three  is  hereby 
repealed. 

Approved  May  4,  1905. 


Revised  Laws,  Chapter  54    (in  part). 

Of  the  Law  of  the  Road. 

Persons  meeting  to  turn  to  right. 

Sec.  1.  When  persons  meet  on  a  bridge  or  way,  travelling  with 
carriages,  wagons,  carts,  sleds,  sleighs,  bicycles  or  other  vehicles, 
each  shall  seasonably  drive  his  carriage  or  other  vehicle  to  the 
right  of  the  middle  of  the  travelled  part  of  such  bridge  or  way, 
so  that  their  respective  carriages  or  other  vehicles  may  pass  with- 
out interference. 


Massachusetts.  1'j, 

Persons  passing  in  same  direction  to  turn  to  left. 

§  2.  The  driver  of  a  carriage  <>r  other  vehicle  passing^a"  carriage 

or  other  vehicle  travelling  in  the  same  direction  shall  drive  to  the 
left  of  the  middle  of  the  travelled  pari  of  a  bridge  <>r  way;  and  if 
it  is  of  sufficient  width  for  the  two  vehicles  to  pass,  the  driver  of 
the  leading  one  shall  not  wilfully  obstruct  the  other. 

Penalties. 

§  4.  Whoever  violates  the  provisions  of  this  chapter  shall,  upon 
complaint  made  within  three  months  after  the  commission  of  the 
offence,  forfeit  not  more  than  twenty  dollars,  and  be  liable  in  an 
action  commenced  within  twelve  months  after  the  date  of  said 
violation  for  all  damage  caused  thereby. 


AMENDMENT  OF   1906. 

An  Act  Relative  to  Automobiles  and  Motor  Cycle?:. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  in 
General  Court  assembled,  and  by  the  authority  of  the  same, 
as  follows: 

Amendment  to  sec.  8  of  chap.  473. 

Sec.  1.  Section  eight  of  chapter  four  hundred  and  seventy- 
three  of  the  acts  of  the  year  nineteen  hundred  and  three  is  hereby 
amended  by  striking  out  the  said  section  and  inserting  in  place 
thereof  the  following: 

Section  as  amended- 

§  8.  Every  person  operating  an  automobile  or  motor  cycle  on 
any  public  or  private  way  laid  out  under  the  authority  of  law 
shall  run  it  at  a  rate  of  speed  a1  no  time  greater  than  is  rea  onable 
and  proper  having  regard  to  traffic  and  the  use  of  the  way  and  the 
safety  of  the  public.  If  the  rate  of  speed  of  an  automobile  or 
motor  cycle  operated  on  any  such  way  outside  the  thickly 
^t  business  part  of  a  city  or  town  exceeds  twenty  miles  an  hour 
tar  the  distance  of  one  quarter  of  a  mile  such  rate  of 
oe  prima  facie  evidence  that  the  person  operating  such  automobile 
or  motor  cycle  is  running  it  at  a  rate  of  speed   greater   than    is 


198  Automobile    Enactments. 

reasonable  and  proper  having  regard  to  traffic  and  the  use  of  the 
way  and  the  safety  of  the  public.  If  the  rate  of  speed  of  an 
automobile  or  motor  cycle  operated  on  any  such  way  inside  the 
thickly  settled  or  business  part  of  a  city  or  town  exceeds  twelve 
miles  an  hour  for  the  distance  of  one-eighth  of  a  mile  such  rate 
of  speed  shall  be  prima  facie  evidence  that  the  person  operating 
such  automobile  or  motor  cycle  is  running  it  at  a  rate  of  speed 
greater  than  is  reasonable  and  proper  having  regard  to  traffic  and 
the  use  of  the  way  and  the  safety  of  the  public.  If  the  rate  of 
speed  of  an  automobile  or  motor  cycle  operated  on  any  such  way 
upon  approaching  a  crossing  of  intersecting  ways,  or  in  travers- 
ing a  crossing  or  intersection  of  ways,  or  in  going  around  a  corner 
or  a  curve  in  the  highway  where  the  operator's  view  of  the  road 
traffic  is  obstructed,  exceeds  eight  miles  an  hour  such  rate  of 
speed  shall  be  prima  facie  evidence  that  the  person  operating  such 
automobile  or  motor  cycle  is  running  it  at  a  rate  of  speed  greater 
than  is  reasonable  and  proper  having  regard  to  traffic  and  the  use 
of  the  way  and  the  safety  of  the  public. 

Definition. 

§  2.  The  phrase  "  thickly  settled  or  business  part  of  a  city  or 
town,"  in  section  one  of  this  act  shall  be  deemed  to  mean  the 
territory  of  a  city  or  town  contiguous  to  any  such  way  which  is 
built  up  with  structures  devoted  to  business,  or  the  territory  of 
a  city  or  town  contiguous  to  any  such  way  where  the  dwelling 
houses  are  situated  at  such  distances  as  will  average  less  than 
two  hundred  feet  between  such  dwelling  houses  for  a  distance  of  a 
quarter  of  a  mile  or  over. 

Amendment  to  sec.  9  of  chap.  473. 

§  3.  Section  nine  of  chapter  four  hundred  and  seventy-three 
of  the  acts  of  the  year  nineteen  hundred  and  three,  as  amended 
by  section  five  of  chapter  three  hundred  and  eleven  of  the  acts  of 
the  year  nineteen  hundred  and  five,  is  bereby  further  amended  by 
inserting  between  the  word  "  The  "  and  the  word  "  Commission  "  in 
the  first  line  the  words:  Massachusetts  highway,  —  by  inserting 
between  the  word  "  revoked "  and  the  word  "  shall  "  in  the 
twentieth  line  the  following:  —  and  any  person  who  attaches  or 
causes  to  be  attached  a  number  plate  assigned  to  a  motor  vphicle 
by  the  Massachusetts  highway  commission  to  another  vehicle,  or 


Massachusetts.  199 

who  obscures  or  causes  to  be  obscured  the  figures  on  any  Dumber 
plate  attached  to  any  motor  vehicle  with  intent  to  conceal  tin- 
identity  of  such  motor  vehicle,  —  and  by  adding  to  said  section 
the  words:  —  A  complaint  against  a  person  for  the  violation  of 
section  one  of  this  act  may  be  placed  on  file  at  the  discretion  of 
the  court  or  trial  justice  [f  the  violation  appears  to  have  been 
unintentional,  or  if  there  are  extenuating  circumstances.  Upon 
a  third  or  subsequent  conviction  in  the  same  calendar  year  of  a 
violation  of  said  section  the  commission  shall  forthwith  revoki 
the  license  of  the  person  so  convicted.  If  it  appears  hv  the  records 
of  said  commission  that  the  person  so  convicted  is  the  owner  of 
an  automobile  or  motor  cycle,  or  has  the  exclusive  control  of  any 
automobiles  or  motor  cycles  as  a  manufacturer  or  dealer,  said 
commission  shall  thereupon  revoke  the  certificate  of  registration 
of  all  automobiles  or  motor  cycles  so  exclusively  owned  or  con- 
trolled; and  no  new  license  or  certificate  shall  be  issued  to  such 
person  for  at  least  thirty  days  after  the  date  of  such  conviction. 
nor  thereafter  except  in  the  discretion  of  said  commission,  —  so 
as  to  read  as  follows : 

Section  9  as  amended* 

§  9.  The  Massachusetts  highway  commission  may,  after  due 
hearing,  suspend  or  revoke  a  certificate  issued  under  section  one 
of  this  act,  or  the  license  or  certificate  issued  to  any  person  under 
sections  two  and  four  of  this  act,  for  any  cause  which  it  may  diem 
sufficient;  and  any  person  convicted  of  violating  any  provision 
of  this  act  may  he  punished  by  a  fine  not  exceeding  twenty-five 
dollars  for  a  first  offence,  and  not  exceeding  fifty  dollars  for  a 
second  offence,  'and  not  exceeding  one  hundred  dollars  for  sub- 
sequent  offences  committed  during  each  calendar  year;  and  the 
penalties  imposed  for  violations  id'  any  provision  of  this  act  for 
any  calendar  year  shall  he  imposed  without  regard  to  violations 
thereof  committed  in  any  previous  calendar  year.  Any  person 
convicted  of  operating  an  automobile  or  motor  cycle  in  this  com- 
monwealth after  his  license  to  operate  has  been  suspended  or  re- 
voked, and  any  person  convicted  of  operating  or  causing  or  per- 
mitting any  other  person  to  operate  an  automobile  or  motor  cycle 
after  the  certificate  of  registration  for  such  vehicle  has  been  sus- 
pended or  revoked,  and  any  person  who  attaches  or  causes  to  he 
attached  a  number  plate  assigned  to  a  motor  vehicle  by  the  Massa- 


200  Automobile    Enactments. 

chusetts  highway  commission  to  another  vehicle,  or  who  obscures 
or  causes  to  be  obscured  the  figures  on  any  number  plate  attached 
to  any  motor  vehicle  with  intent  to  conceal  the  identity  of  such 
motor  vehicle,  shall  be  punished  by  a  fine  not  exceeding  one  hun- 
dred dollars  or  by  imprisonment  for  a  term  of  ten  days,  or  by  both 
such  fine  and  imprisonment.  A  complaint  against  a  person  for 
the  violation  of  section  one  of  this  act  may  be  placed  on  file  at  the 
discretion  of  the  court  or  trial  justice  if  the  violation  appears  to 
have  been  unintentional,  or  if  there  are  extenuating  circum- 
stances. Upon  a  third  or  subsequent  conviction  in  the  same 
calendar  year  of  a  violation  of  said  section  the  commission  shall 
forthwith  revoke  the  license  of  the  person  so  convicted.  If  it  ap- 
pears by  the  records  of  said  commission  that  the  person  so 
convicted  is  the  owner  of  an  automobile  or  motor  cycle,  or  has 
the  exclusive  control  of  any  automobiles  or  motor  cycles  as  a 
manufacturer  or  dealer,  said  commission  shall  thereupon  revoke 
the  certificate  of  registration  of  all  automobiles  or  motor  cycles 
so  exclusively  owned  or  controlled;  and  no  new  license  or  certifi- 
cate shall  be  issued  to  such  person  for  at  least  thirty  dayg  after 
the  date  of  such  conviction,  nor  thereafter  except  in  the  dis- 
cretion of  said  commission. 

Penalties  for  reckless  driving. 

§  4.  Whoever  operates  an  automobile  or  motor  cycle  on  any 
public  way  or  private  way  laid  out  under  authority  of  a  law  reck- 
lessly or  while  under  the  influence  of  intoxicating  liquor,  or  so 
as  to  endanger  the  lives  or  safety  of  the  public,  shall  be  punished 
by  a  fine  not  exceeding  one  hundred  dollars  or  by  imprisonment 
for  a  term  not  exceeding  six  months.  A  conviction  of  a  violation 
of  this  section  shall  forthwith  be  reported  by  the  court  or  trial 
justice  to  the  commission  which  shall  immediately  revoke  the 
license  of  the  person  so  convicted.  If  it  appears  by  the  records 
of  said  commission  that  the  person  so  convicted  is  the  owner  of 
an  automobile  or  motor  cycle,  or  has  exclusive  control  of  any 
automobiles  or  motor  cycles  as  a  manufacturer  or  dealer,  said 
commission  shall  thereupon  revoke  the  certificate  of  registration 
of  all  automobiles  or  motor  cycles  so  exclusively  owned  or  con- 
trolled. No  new  license  or  certificate  shall  be  issued  by  said  com- 
mission to  such  person  until  after  sixty  days  from  the  date  of  such 


Massachusetts.  20] 

conviction,  nor  thereafter  except  in  the  discretion   of  said  com- 
mission. -<.  - 

Section  6  of  chap.  311  amended. 

§  5.  Section  six  of  chapter  three  hundred  and  eleven  of  th< 
of  the  year  nineteen  hundred  and  five  is  herehy  amended  hy  strik- 
ing out  the  words  "  convicted  under"   in   the  third  line  and   insert- 
ing in  place  thereof  the  words:  —  charged  with  a  violation  of  any 
of,  —  so  as  to  read  as  follows : 

Section  6  as  amended. 

§  6.  A  full  record  shall  he  kept  by  every  court  or  trial  justice 
in  this  commonwealth  of  every  case  in  which  a  person  is  charged 
with  a  violation  of  any  of  the  provisions  of  said  chapter  four 
hundred  and  seventy-three  or  of  any  other  act  relative  to  automo- 
biles or  motor  cycles,  and  a  certified  copy  of  such  record  shall  be 
sent  forthwith  by  the  court  or  trial  justice  to  the  Massachusetts 
highway  commission.  Said  courts  and  trial  justices  shall  furnish 
to  the  Massachusetts  highway  commission  the  details  of  any  par- 
ticularly flagrant  cases  which  may  be  heard  before  them,  and  they 
may  make  such  recommendations  to  said  commission  as  to  the 
suspension  or  revocation  of  the  license  or  certificate  of  registra- 
tion of  the  persons  defendant  in  such  cases  as  they  may  deem 
necessary.  Said  commission  shall  keep  such  records  in  its  main 
office,  and  they  shall  be  open  to  the  inspection  of  any  person  dur- 
ing reasonable  business  hours. 

Penalties  for  refusal  to  give  name,  etc. 

§  6.  Any  person  who,  while  operating  or  in  charge  of  a  motor 
vehicle,  shall  refuse  when  requested  by  a  police  officer  to  give  his 
name  and  address,  or  the  name  and  address  of  the  owner  of  guch 
motor  vehicle,  or  who  shall  give  a  false  name  or  address,  or  who 
shall  refuse  or  neglect  to  stop  when  signalled  to  stop  by  any 
police  officer  who  is  in  uniform  or  who  displays  his  badge  con- 
spicuously on  the  outside  of  his  outer  coat  or  garment,  or  who 
refuses  on  demand  of  such  officer  to  produce  his  license  to  operate 
such  vehicle  or  his  certificate  of  registration,  or  to  permit  such 
officer  to  take  the  license  or  certificate  in  hand  for  the  purpose  of 
examination,  shall  be  punished  by  a  fine  of  not  less  than  twenty- 
five  nor  more  than  one  hundred  dollars. 


202  Automobile    Enactments. 

Penalty  for  refusing  to  give  information  to  police  officer. 

§  7.  Any  person  owning  or  controlling  a  motor  vehicle,  who, 
when  requested  by  a  police  officer,  shall  refuse  or  neglect  to  give 
any  information  within  his  power  to  give  which  may  lead  to  the 
identification  or  apprehension  of  the  person  who  was  driving  such 
motor  vehicle  on  the  occasion  inquired  about,  shall  be  punished 
bv  a  fine  of  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars;  provided,  that  no  evidence  obtained  under  the  provisions 
of  this  section  shall  be  used  in  any  criminal  proceeding  against 
the  person  furnishing  the  same. 

Amendments  to  sec.  i  of  chap.  473. 

§  8.  Section  one  of  chapter  four  hundred  and  seventy-three  of 
the  acts  of  the  year  nineteen  hundred  and  three,  as  amended  bi- 
section two  of  chapter  three  hundred  and  eleven  of  the  acts  of  the 
year  nineteen  hundred  and  five,  is  hereby  further  amended  by 
striking  out  the  word  "  fifteen  "  in  the  fifty-fourth  line  and  sub- 
stituting the  word :  —  seven,  —  so  as  to  read  as  follows :  — 

Section    1   as  amended. 

§  1.  All  automobiles  and  motor  cycles  shall  be  registered  by 
the  owner  or  person  in  control  thereof  in  accordance  with  the  pro- 
visions of  this  act.  Application  for  such  registration  may  be 
made,  by  mail  or  otherwise,  to  the  Massachusetts  highway  coni- 
mission  or  any  agent  thereof  designated  for  this  purpose,  upon 
blanks  prepared  under  its  authority.  The  application  shall,  in 
addition  to  such  other  particulars  as  may  be  required  by  said 
commission,  contain  a  statement  of  the  name,  place  of  residence 
and  address  of  the  applicant,  with  a  brief  description  of  the 
automobile  or  motor  cycle,  including  the  name  of  the  maker,  the 
number,  if  any,  affixed  by  the  maker,  the  character  of  the  motor 
power,  and  the  amount  of  such  motor  power  stated  in  figures  of 
horse  power;  and  with  such  application  shall  be  deposited  a 
registration  fee  of  two  dollars.  The  said  commission  or  its  duly 
authorized  agent  shall  then  register,  in  a  hook  to  be  kept  for  the 
purpose,  the  automobile  or  motor  cycle  described  in  the  applica- 
tion, giving  to  such  automobile  or  motor  cycle  a  distinguishing 
number  or  other  mark,  and  shall  thereupon  issue  to  the  applicant 
a   certificate   of   registration.      Said   certificate   shall   contain    the 


Massachusetts.  203 

name,  place  of  residence  and  address  of  the  applicanl  and  th 
registered  number  or  mark,  sliall  prescribe  the  manHfc?  in  which 
said  registered  number  or  mn-k  shal]  be  inscribed  or  di 
upon  the  automobile  or  motor  cycle,  and  shall  be  in  such  form  and 
oontain  such  further  provisions  as  the  commission  may  determine. 
A  proper  record  of  all  applications  and  of  all  certificates 
shall  be  kept  by  the  commission  a1  its  main  office,  and  shall  be 
open  to  the  inspection  of  any  person  during  reasonable  business 
hours.  The  certificate  of  registration  shall  always  be  carried  in 
some  easily  accessible  place  in  the  automobile  or  motor  cycle 
described  therein.  Upon  the  transfer  of  ownership  of  any  automo- 
bile or  motor  cycle,  its  registration  shall  expire  and  the  person 
in  whose  name  such  vehicle  is  registered  shall  immediately  return 
the  certificate  of  registration  to  the  .Massachusetts  highway 
mission  with  a  written  notice  containing  the  date  of  such  transfer 
of  ownership  and  the  name,  place  of  residence  and  address  of  the 
new  owner.  The  Massachusetts  highway  commission,  at  its  dis- 
cretion, may  assign  to  any  person  who  so  surrenders  his  registra- 
tion certificate  and  who  desires  to  register  another  automobile  or 
motor  cycle  the  distinguishing  number  or  mark  described  in  the 
surrendered  certificate.  No  number  or  number  plate  other  than 
those  prescribed  by  the  Massachusetts  highway  commission  in  its 
certificates  of  registration  shall  be  displayed  on  any  automobile  or 
motor  cycle  operated  in  this  commonwealth:  provided,  hot 
that  any  automobile  or  motor  cycle  owned  by  a  non-residen1  of 
this  state  who  has  complied  with  the  laws  relative  to  motor  vehi- 
cles and  the  operation  thereof  of  the  state  in  which  he  resides 
may  be  operated  by  such  owner  on  the  roads  and  highways  of  this 
state  for  a  period  not  exceeding  seven  days  without  the  license, 
certificate  of  registration  and  number  {dates  furnished  by  the 
Massachusetts  highway  commission.  Every  such  vehicle  shall  have 
displayed  upon  it  the  distinguishing  number  or  mark  of  the  state 
in  which  the  owner  thereof  resides  and  none  other  until  the 
vehicle  is  registered  in  accordance  with  the  provisions  of  this 
section. 

Amendments  to  sec.  i  of  chap.  366. 

§  9.  Section  one  of  chapter  three  hundred  and  sixty-six  of  the 
acts  of  the  year  nineteen  hundred  and  five  is  hereby  amended  by 
Striking  out  in  the  nineteenth  line  the  wo  'ds  "  within  fifteen  di  ]  ~ ." 


204  Automobile   Enactments. 

and  inserting  in  place  thereof  the  words :  —  within  sixty  days,  — 
so  as  to  read  as  follows  :  — 

Section   i  as  amended' 

§  1.  The  city  council  of  a  city  or  the  board  of  aldermen  of  a 
city  having  no  common  council,  and  the  selectmen  of  a  town,  may 
make  special  regulations  as  to  the  speed  of  automobiles  and  motor 
cycles  and  as  to  the  use  of  such  vehicles  on  particular  roads  or 
ways,  including  their  complete  exclusion  therefrom.  If  they  de- 
termine that  on  anv  particular  way  a  speed  greater  than  the 
speeds  specified  in  section  eight  of  chapter  four  hundred  and 
seventy-three  of  the  acts  of  the  year  nineteen  hundred  and  three 
may  be  permitted  with  safety,  they  may  make  such  special  regula- 
tions as  may  appear  to  them  to  be  necessary:  provided,  however, 
that  no  such  special  regulation  increasing  or  lessening  the  speed 
at  which  automobiles  and  motor  cycles  may  be  run  on  the  public 
highways,  or  excluding  them  therefrom,  shall  be  effective  unless 
such  regulation  shall  have  been  published  in  one  or  more  news- 
papers, if  there  be  any,  published  in  such  city  or  town,  otherwise 
in  one  or  more  newspapers  published  in  the  county  in  which  the 
city  or  town  is  situated.  If  within  sixty  days  after  the  publica- 
tion of  such  notice,  not  less  than  fifty  residents  of  Massachusetts, 
at  least  ten  of  whom  shall  be  taxpayers  of  the  city  or  town  file  a 
written  protest  with  the  Massachusetts  highway  commission,  such 
special  regulation  shall  not  be  valid  until  approved  by  said  board 
after  public  notice  and  a  hearing  given  by  said  board  in  the  city 
or  town.  Such  special  regulation  shall  be  posted  conspicuously  by 
or  under  the  direction  of  the  Massachusetts  highway  commission 
on  sign  boards  at  such  points  as  the  board  may  deem  necessary. 
The  cost  of  such  sign  boards  and  the  expenses  in  connection  with 
their  erection  and  maintenance  shall  be  paid  out  of  the  appro- 
priation for  expenses  in  connection  with  the  registration  of  automo- 
biles and  motor  cycles  and  the  licensing  of  operators  thereof.  No 
ordinance,  by-law  or  regulation  now  in  force  in  any  city  or  town 
which  regulates  the  speed  at  which  automobiles  or  motor  cycles 
shall  be  run  upon  its  public  ways  shall  hereafter  have  any  force  or 
effect.  Nothing  herein  contained  shall  be  so  construed  as  to  affect 
the  rights  of  boards  of  park  commissioners,  as  established  by  law. 


Massachusetts.  21 15 

highway  commission  authorized  to  make  rules 
and  regulations. 

Rules  and  regulations  of  highway  commission. 

Sec.  1.  The  Massachusetts  highway  commission  may  from  time 
to  time  prepare  rules  and  regulations  governing  the  use  and  op<  ra 
tion  of  automobiles  and  motorcycles.    Such  rules  and  regulations 

6hall  be  in  addition  to  any  rules  and  regulations  already  v .  ■ 
in  the  certificates  and  licenses  issued  by  said  commisson  under 
authority  of  chapter  four  hundred  and  Beventy-three  of  the  arts 
of  the  year  nineteen  hundred  and  three  and  of  acts  in  amendment 
thereof.  Said  commission  may  from  time  to  time  alter,  rescind, 
or  add  to  any  rules  and  regulations  previously  made  by  it. 

When  rules  and  regulations  take  effect. 

§  2.  The  rules  and  regulations  specified  in  section  one,  and  any 
changes  therein,  shall  take  effect  when  approved  by  the  governor 
and  council,  and  published  in  at  leasl  one  newspaper  printed  and 
published  in  each  county  of  the  state,  and  such  publication  shall 
be  sufficient  notice  to  all  persons.  The  sworn  certificate  of  any 
member  of  said  commission  or  of  its  secretary  that  said  rules  and 
regulations  have  been  published  as  herein  provided  shall  be  prima 
facie  evidence  thereof.  A  copy  of  such  rules  and  regulations 
attested  by  any  member  of  the  commission  or  by  its  secretary  shall 
be  prima  facie  evidence  that  they  have  been  made  by  the  commis- 
sion and  approved  by  the  governor  and  council  as  provided  by  law. 

Violation  of  rules  and  regulations. 

§  3.  Any  person  convicted  of  operating  an  automobile  or  motor 
cycle  in  violation  of  any  rule  or  regulation  made  under  authority 
of  this  act  may  be  punished  by  a  fine  not  exceeding  twenty-five 
dollars  for  a  first  offence,  not  exceeding  fifty  dollars  for  a  second 
offence  and  not  exceeding  one  hundred  dollars  for  subsequent 
offences. 

Power  of  commission  under  act. 

§  4.  This  act  shall  not  be  construed  as  giving  to  the  Massachu- 
setts highway  commission  power  to  regulate  the  speeds  at  which 
motor  vehicles  may  be  operated  on  the  public  ways,  or  to  affect 
the  statutory  authority  of  the  metropolitan  park  commission  or 
of  the  park  commission  of  any  city  or  town  to  make  the  rule-  and 
regulations  governing  the  use  of  automobiles  and  motor  cycles  OD 
lands,  roadways  and  parkways  under  its  care  and  control. 


MICHIGAN. 

Definitions. 

Sec.  1.  The  term  and  words  "  motor  vehicles,"  used  in  this  act, 
shall  be  construed  to  mean  all  vehicles  propelled  by  power  other 
than  muscular  power,  except  traction  engines  and  such  motor 
vehicles  as  run  only  upon  rails  or  tracks;  the  term  and  words 
"  highway  "  or  "  public  highway  "  shall  be  construed  to  mean  any 
public  highway,  township,  county  or  state  road,  or  any  county 
road,  any  public  street,  alley,  park,  parkway,  driving  or  public 
place  in  any  city,  village  or  town ;  the  term  and  words  "  business 
portion  of  any  city  or  village "  shall  be  construed  to  mean  the 
territory  of  a  city  or  incorporated  village  contiguous  to  a  public 
highway  which  is  at  that  point  either  wholly  or  partially  built  up 
with  structures  devoted  to  business.  The  term  and  word 
"  chauffeur "  for  the  purpose  of  this  act  shall  mean  any  person 
operating  a  motor  vehicle  as  mechanic,  paid  employee  or  for  hire. 

Owner's  statement,  registration,  certificate,  seal  and  fee. 

§  2.  Every  person  now  owning  or  hereafter  acquiring  a  motor 
vehicle,  shall,  for  every  vehicle  owned  by  him,  file  in  the  office 
of  the  secretary  of  state,  a  statement  containing  his  name  and 
address,  with  a  brief  description  of  the  vehicle  so  owned  by  him  to 
be  registered,  including  the  name  of  the  maker,  factory  number, 
style  of  vehicle  and  motor  power,  on  a  blank  to  be  prepared  and 
furnished  by  said  secretary  of  state  for  that  purpose.  Upon  the 
filing  of  said  statement  as  aforesaid,  said  secretary  of  state  shall 
register  such  motor  vehicle  in  a  book  or  index  to  be  kept  for  that 
purpose,  and  assign  it  a  distinctive  number,  and  shall  forthwith 
issue  and  deliver  to  the  owner  of  such  motor  vehicle  a  certificate 
of  registration,  together  with  a  seal  of  aluminum  or  other  suitable 
metal,  which  said  seal  shall  be  circular  in  form,  approximately 
two  inches  in  diameter,  and  shall  have  stamped  thereon  the  words 

"  Registered   Motor  Vehicle   No.   ,   Michigan   Motor   Vehicle 

Law,"  with  the  registration  number  inserted  the.ein,  which  said 

[206] 


Michigan.  jo, 

seal  shall  thereafter  at  all  times  be  conspicuously  displayed  on  the 
motor  vehicle,  to  which  such  number  has  been  assigned.     U 
certificate  of  registration  shall  contain  the  Bame  wojTfe1  and  num- 
ber as  the  seal,  and  shall  further  contain  the  name  of  the  owner  of 
the  vehicle  so  registered  as  aforesaid,  his  address,  the  name  ■ 
maker  of  the  said  vehicle,  factory  number,  style  and  motor  power, 

the  date  of  registration  and  the  liber  and  page  of  the  I in  the 

secretary's  office  in  which  the  same  is  registered.      For  the 
tration  and  issuing  of  such  certificate  and  seal,  a  fee  of  two  do] 
lars  shall  be  paid  to  the  secretary  of  state. 

Sale  of  registered  motor  vehicle. 

§  3.  Upon  the  sale  of  a  registered  motor  vehicle,  registered  in 
accordance  with  the  above  section,  the  vendor  shall  return  to  the 
secretary  of  state  within  ten  days  from  the  date  <d'  such  sale,  his 
said  certificate  and  seal,  and  in  lieu  thereof,  upon  the  application 
by  the  vendee,  the  secretary  of  state  shall  issue  to  said  vendee  a 
new  certificate  and  seal  containing  the  number  of  such  previous 
registration,  and  such  vendee  making  such  application  shall  pay 
to  the  said  secretary  a  fee  of  one  dollar. 

Display  of  number. 

§  4.  In  addition  to  the  conspicuous  display  of  the  seal  as  pro- 
vided in  section  two  of  this  act,  it  shall  be  the  duty  of  the  owner 
of  each  and  every  motor  vehicle,  at  all  times,  to  have  displayed 
upon  the  rear  of  such  vehicle,  in  such  manner  as  to  he  plainly 
visible,  the  number  assigned  to  it  by  the  secretary  of  state,  said 
numbers  to  be  in  Arabic  numerals,  black  on  white  ground  or  white 
on  black  ground,  and  not  less  than  three  inches  in  height,  and 
stroke  to  be  of  a  width  not  less  than  one-half  inch,  and  also  as  a 
part  of  said  number  the  name  of  the  state  in  full  or  abbreviated, 
and  of  the  same  color  and  on  the  same  ground  as  the  numerals,  the 
letters  of  the  name  to  be  not  less  than  one  inch  in  height.  There 
shall  also  be  displayed  upon  every  motor  vehicle  in  use  upon  any 
public  highway  during  the  period,  from  one  hour  after  sunsel  to 
one  hour  before  sunrise,  two  lamps  in  the  front  of  said  motor 
vehicle,  showing  a  white  light  visible  within  a  reasonable  distance 
in  the  direction  which  such  vehicle  is  proceeding  and  ah-  a  red 
light  in  the  rear  of  said  motor  vehicle  and  visible  for  a  reasonable 
distance  in  the  reverse  direction. 


208  Automobile   Enactments. 

Motor  vehicles  must  have  registration  seal  and  number. 

§  5.  No  motor  vehicle  shall  be  used  or  operated  upon  the  public 
highway  after  thirty  days  after  this  act  takes  effect  which  shall 
not  display  thereon  a  registration  seal,  and  on  the  rear  of  said 
motor  vehicle  a  number  as  provided  in  section  four  of  this  act;  or 
which  shall  display  thereon  a  fictitious  seal  or  number  or  a  seal  or 
number  belonging  to  any  other  vehicle. 

Manufacturers  or  dealers  registration,  seals  and  numbers. 

§  6.  A  manufacturer  of  or  dealer  in  motor  vehicles  shall  register 
one  vehicle  of  each  type  manufactured  or  dealt  in  by  him  and  be 
entitled  to  as  many  duplicate  registration  seals  for  each  type  or 
style  so  manufactured  or  dealt  in,  as  he  may  desire,  on  payment 
to  the  said  secretary  of  state  of  an  additional  fee  of  fifty  cents  for 
each  duplicate  seal.  If  a  registration  seal  and  the  corresponding 
number  shall  thereafter  be  affixed  to  and  displayed  on  every  vehicle 
of  such  type  or  style  as  in  this  act  provided,  while  such  vehicle 
is  being  operated  upon  the  public  highway,  it  shall  be  deemed  a 
sufficient  compliance  with  sections  two  and  four  of  this  act,  until 
such  vehicle  shall  be  sold  or  let  for  hire. 

Non=residents  exempt. 

§  7.  The  provisions  of  sections  two  and  four  shall  not  apply  to 
motor  vehicles  owned  by  non-residents  of  this  state,  providing  the 
owners  thereof  have  complied  with  the  law  of  their  respective 
state,  territory  or  federal  district  or  foreign  country,  requiring 
the  registration  by  owners  of  motor  vehicles  and  who  shall  have 
displayed  upon  their  motor  vehicle  the  registration  number  and 
name  or  initial  of  their  state  substantially  as  in  this  act  provided : 
Provided,  however,  that  such  state,  territory,  federal  district  or 
foreign  country  extends  similar  privileges  to  motor  vehicles  regis- 
tered under  this  law. 

Chauffeur's  statement,  registration,  fee  and  certificate. 

§  8.  Every  person  hereafter  desiring  to  operate  a  motor  vehicle 
as  a  chauffeur  shall  file  in  the  office  of  the  secretary  of  state,  on  a 
blank  to  be  supplied  by  said  secrtary,  a  statement  which  shall  in- 
clude his  name  and  address  and  the  trade  name  and  motive  power 
of  the  motor  vehicle  or  motor  vehicles  he  is  able  to  operate;  and 


Michigan.  209 

he  shall  pay  a  registration  fee  of  one  dollar  to  the  secretary  "f 
state.    The  said  secretary  shall  thereupon  file  Buch  Btatejnenl  "in  bis 

office,  register  such  chauffeur  on  a  book  or  index  to  be  kepi  foi  thai 
purpose  and  assign  him  a  number,  and  Bhall  deliver  to  him  a 
certificate  of  registration,  which  shall  have  written  therein  hifl  "r 
her  name  and  address  and  the  words  '*  Registered  Chauffeur  Nfo. 
,  Michigan  Motor  Vehicle  Law,"  with  the  registration  num- 
ber and  the  name  of  the  motive  power  of  the  vehicles  Baid 
chauffeur  is  able  to  operate  and  the  date  of  registration  and  the 
liber  and  page  of  the  book  in  the  secretary  of  state's  office  in  which 
such  registration  is  recorded. 

Chauffeur's  certificate  not  transferable. 

§  9.  No  chauffeur  having  registered  as  provided  in  the  fore- 
going  section,  shall  voluntarily  permit  any  other  person  to  ii->- 
his  or  her  certificate,  nor  shall  any  person  while  operating  a  motor 
vehicle  use  any  certificate  belonging  to  another  person  or  a  fic- 
titious certificate. 

No  one  may  operate  without  having  complied  with  this  act. 

§  10.  No  person  shall  operate  a  motor  vehicle  upon  the  public 
highway  after  thirty  days  after  this  act  takes  effect,  unless  such 
person  shall  have  complied  in  all  respects  with  the  requirements 
of  this  act. 

Disposition  of  fees  paid. 

§  11.  All  fees  paid  to  the  secretary  of  state  as  provided  in  this 
act  shall  be  applied  toward  the  expense  of  registration  blanks, 
books,  and  seals  as  herein  provided  to  be  furnished  :  Provided,  that 
the  surplus  shall  be  applied  to  the  furthering  of  good  roads  for  the 
benefit  of  the  state  at  large. 

Speed  rates. 

§  12.  No  person  shall  operate  a  motor  vehicle  upon  a  public 
highway  at  a  rate  of  speed  greater  than  is  reasonable  and  proper, 
having  regard  to  the  traffic  and  use  of  the  highway,  or  so  as  to 
endanger  the  life  or  limb  of  any  person,  or  the  safety  of  any  prop- 
erty; and  shall  not  in  any  event  while  upon  any  highway  run  at 
a  higher  rate  of  speed  than  twenty-five  miles  an  hour,  and  within 
the  corporate  limits  of  all  cities  and  villages  the  rate  of  speed  shall 
14 


210  Automobile   Enactments. 

not  be  greater  than  eight  miles  an  hour  in  the  business  portion  of 
any  such  city  or  village,  and  not  greater  than  fifteen  miles  an 
hour  in  all  other  portions  thereof,  subject,  however,  to  the  other 
provisions  of  this  act. 

Speed  at  crossings,  et  cetera,  must  be  reasonable. 

§  13.  Upon  approaching  an  intersecting  highway,  a  bridge,  dam, 
sharp  curve  or  steep  descent,  and  also  in  traversing  such  inter- 
secting highway,  bridge,  dam,  curve  or  descent,  a  person  operating 
a  motor  vehicle  shall  have  it  under  contral  and  operate  at  such 
speed  as  is  reasonable  and  proper,  having  regard  to  the  traffic  then 
on  such  highway  and  the  safety  of  the  public. 

Meeting  horses,  etc. 

§  14.  Upon  approaching  a  person  walking  in  the  roadway  of  a 
public  highway,  or  a  horse  or  horses,  or  other  draft  animals,  being 
ridden,  led  or  driven  thereon,  a  person  operating  a  motor  vehicle 
shall  slow  down  to  a  speed  not  exceeding  ten  miles  an  hour  and 
give  reasonable  warning  of  its  approach,  and  use  every  reasonable 
precaution  to  insure  the  safety  of  such  person  or  animal,  and  in 
case  of  a  horse  or  horses  or  other  draft  animals,  to  prevent  frighten- 
ing the  same. 

Duties  on  meeting  horses,  et  cetera. 

§  15.  Any  person  operating  a  motor  vehicle  shall,  at  request  or 
on  signal,  from  a  person  riding,  leading  or  driving  a  horse  or 
horses,  or  other  draft  animals,  guide  such  motor  vehicle  to  the 
right  of  the  wrought  or  traveled  portion  of  the  highway,  and 
immediately  bring  such  motor  vehicle  to  a  stop,  and  if  requested, 
shall  cause  the  motor  of  such  vehicle  to  cease  running  so  long  as 
shall  be  reasonably  necessary  to  prevent  accident  and  insure  the 
safety  of  others.  And  it  shall  also  be  the  duty  of  any  male 
chauffeur  or  driver  of  any  motor  vehicle,  and  other  male  occupants 
thereof,  over  the  age  of  fifteen  years,  while  passing  any  horse  or 
horses  or  other  draft  animals  which  appear  badly  frightened,  or 
upon  the  request  of  the  person  in  charge  of  and  driving  such  horse 
or  horses  or  other  draft  animals,  to  give  such  personal  assistance 
as  would  be  reasonable  to  insure  the  safety  of  all  persons  concerned 
and  to  prevent  accident. 


Michigan.  L'll 

Motor  vehicles  must  turn  to  the  right. 

§  16.  Whenever  a  person  operating  a  motor  vehicle -wind  1  meet 
on  a  highway  any  other  person  riding  or  driving  a  horse  or  hoi 
or  other  draft  animals  or  any  other  vehicle,  and  there  being  no 
occasion  to  stop  as  above  provided,  the  person  operating  mk-Ii  motor 
vehicle  shall  seasonably  turn  the  same  to  the  righl  of  the  center 
of  the  traveled  portion  of  the  highway;  while  the  person  approach- 
ing shall  likewise  turn  from  the  center  of  the  traveled  portion  of 
the  highway  so  as  to  pass  the  motor  vehicle  on  the  opposite  side 
of  the  center  of  the  highway  to  which  the  motor  vehicle  1ms  been 
turned.  And  any  person  so  operating  any  motor  vehicle  shall,  at 
the  intersection  of  a  public  highway,  keep  to  the  right  of 
the  intersection  of  the  centers  of  such  highways  when  turning  to 
the  right  and  pass  to  the  right  of  such  intersection  when  turning 
to  the  left. 

Right  of  motor  vehicle  to  pass  other  vehicles. 

§  17.  If  a  vehicle  drawn  by  a  horse  or  horses  or  other  draft 
animals,  or  a  motor  vehicle,  be  overtaken  by  any  motor  vehicle, 
and  the  person  in  charge  of  such  motor  vehicle  expresses  a  desire 
to  pass,  it  shall  be  the  duty  of  the  driver  of  any  such  vehicle  or 
motor  vehicle  so  overtaken  as  aforesaid,  to  turn  to  the  left  of  che 
center  of  the  wrought  or  traveled  portion  of  the  highway,  and  give 
the  person  so  making  the  request  an  opportunity  to  pass,  bu1  in 
passing,  the  person  in  charge  of  such  motor  vehicle  and  the  other 
male  occupants  thereof  over  the  age  of  fifteen  years  shall  give 
such  assistance  as  they  are  able  to  the  occupant  or  occupants  of 
the  vehicle  they  are  passing,  if  assistance  is  asked  and  in  thus 
passing  the  chauffeur  shall  use  all  due  care  to  avoid  accidents. 

Duties  in  case  of  accident. 

§  18.  In  ease  of  accident  to  person  or  property  upon  any  public 
highway,  due  to  the  operation  thereon  of  any  motor  vehicle,  the 
person  operating  such  motor  vehicle  shall  stop,  and  give  such 
reasonable  assistance  as  can  be  given,  and  shall,  upon  request  of 
the  person  injured,  or  any  other  person,  give  such  person  his  name 
and  address,  and  if  not  the  owner,  the  name  and  the 

owner  of  such  motor  vehicle,  together  with  the  registered  number 
thereof. 


212  Automobile   Enactments. 

Speed  tests  and  races. 

§  19.  Local  authorities,  notwithstanding  the  provisions  of  this 
act,  may  sel  aside  for  a  given  time,  a  specified  public  highway  for 
speed  tests  or  races,  to  be  conducted  under  proper  restrictions 
for  the  safety  of  the  public,  providing  such  local  authority  shall, 
for  six  weeks  prior  to  the  date  of  such  speed  tests,  give  public 
notice  by  due  publication  in  a  newspaper  published  and  circulat- 
ing in  the  county  where  such  speed  tests  are  to  be  made,  and  if  in 
more  than  one  county  in  one  paper  in  each  county  in  which  such 
public  highway  runs  where  such  tests  are  to  be  made,  and  shall 
also  post  notice  of  such  event  along  said  public  highway  in  at  least 
one  conspicuous  place  every  quarter  of  a  mile  for  the  entire  dis- 
tance, at  least  three  weeks  prior  to  the  date  of  said  event,  such 
notices  to  be  printed  in  type  of  sufficient  size  as  to  be  readable  by 
persons  passing  along  such  highway,  all  of  such  notices  thus  posted 
to  be  kept  up  and  in  place  during  the  time  preceding  the  date  of 
such  speed  tests. 

Local  ordinances  prohibited  and  repealed. 

§  20.  Subject  to  the  provisions  of  this  act,  local  authorities  shall 
have  no  power  to  pass,  enforce  or  maintain  any  ordinance,  rule  or 
regulation  requiring  of  any  owner  or  proprietor  of  a  motor  vehicle 
any  license  or  permit  to  use  the  public  highways,  or  excluding  or 
prohibiting  any  motor  vehicle  whose  owner  has  complied  with  the 
provisions  of  this  act  from  the  free  use  of  such  highways,  except 
such  driveway,  speedway  or  road  as  has  been  or  may  be  expressly 
set  apart  by  law  for  the  exclusive  use  of  horses  and  light  car- 
riages, or  that  shall  in  any  way  affect  the  registration  or  number- 
ing of  motor  vehicles  or  prescribing  a  greater  rate  of  speed  than 
is  herein  specified  at  which  such  vehicles  may  be  operated,  or  the 
use  of  the  public  highways,  contrary  to  or  inconsistent  with  the 
provisions  of  this  act;  and  all  such  ordinances,  rules  or  regula- 
tions now  in  force  are  hereby  declared  to  be  of  no  validity  or  effect. 

Ordinances  as  to  local  parks  and  parkways. 

§  21.  Local  authorities  may,  notwithstanding  the  provisions  of 
this  act,  make,  enforce  and  maintain  such  reasonable  ordinances, 
rule-  oi  regulations  concerning  the  speed  at  which  motor  vehicles 
may  be  operated  in  any  park,  or  parkway  within  a  city  or  incor- 


Michigan.  213 

porated  village,  but  in  no  case  to  permit  a  greater  speed  than  is 
provided  in  this  act,  and  as  a  condition  thereto,  such  local  au- 
thorities must,  by  signs  at  each  entrance  of  such  parTc  and  along 
said  parkway,  conspicuously  indicate  the  rate  of  speed  permitted 
or  required  and  may  exclude  motor  vehicles  from  any  cemetery 
or  grounds  used  for  the  burial  of  the  dead. 

This  act  does  not  affect  right  of  action  for  damages  for  injuries 
resulting  from  negligence. 

§  22.  Nothing  in  this  act  shall  be  construed  to  curtail  or  abridge 
the  right  of  any  person  to  prosecute  a  civil  action  for  damages  by 
reason  of  injuries  to  person  or  property  resulting  from  the  negli- 
gence of  the  owner  or  operator,  or  his  agent,  employee  or  servant, 
of  any  such  motor  vehicle,  or  resulting  from  the  negligent  use  of 
the  highway  by  them  or  any  of  them. 

Punishments  for  violation. 

§  23.  Any  person  violating  any  of  the  provisions  of  this  act 
and  who  shall  be  convicted  thereof,  or  who  shall  plead  guilty  to  any 
complaint  for  the  violation  thereof,  shall  be  punished  by  a  fine  not 
exceding  twenty-five  dollars  and  costs  of  prosecution ;  or  if  such 
fine  is  not  paid,  then  by  imprisonment  in  the  county  jail  for  not 
exceeding  ten  days;  for  the  second  offense  he  shall  be  punished 
by  a  fine  not  exceeding  fifty  dollars  and  costs  of  prosecution ;  or 
if  such  fine  is  not  paid  then  by  imprisonment  in  the  county  jail 
for  not  exceeding  thirty  days  and  for  a  third,  or  any  subsequent 
offense,  he  shall  be  punished  by  a  fine  not  exceeding  one  hundred 
dollars  and  costs  of  prosecution  or  by  imprisonment  in  the  county 
jail  or  the  Detroit  house  of  correction  for  a  period  not  exceeding 
thirty  days,  or  by  both  such  fine  and  imprisonment. 

Police  justices  and  justices  of  the  peace  have  jurisdiction. 

§  24.  All  police  justices  of  any  city,  or  justices  of  the  peace  of 
any  township  where  any  such  violation  shall  occur,  shall  have 
jurisdiction  to  hear,  try  and  pass  sentence  for  any  and  all  viola- 
tion of  any  of  the  provisions  of  this  act. 

Definitions. 

§  25.  The  term  county  jail  referred  to  in  section  twenty-three 
of  this  act  shall  be  construed  to  mean  the  county  jail  of  any  county 


214  Automobile   Enactments. 

where  the  violation  of  any  of  the  provisions  of  this  act  shall  occur, 
and  the  Detroit  house  of  correction  shall  be  construed  to  mean  the 
institution  of  that  name  located  in  the  city  of  Detroit,  this  state. 

Who  may  arrest,  rights  when  arrested. 

§  26.  Any  police  officer  of  any  city;  any  marshal,  deputy  marshal 
or  watchman  of  any  incorporated  village;  or  any  sheriff  or  deputy 
sheriff  of  any  county  or  any  constable  of  any  township,  shall  have 
full  power  and  authority  within  the  limits  of  their  jurisdiction  or 
in  any  adjoining  county  to  arrest  any  person  known  personally  to 
any  such  officer  to  have  violated  any  of  the  provisions  of  this  act, 
and  to  immediately  bring  such  offender  before  any  magistrate 
having  jurisdiction,  as  provided  in  section  twenty-four  of  this 
act,  and  any  such  person  so  arrested  shall  have  the  right  of  an 
immediate  trial  and  all  other  rights  given  to  any  person  arrested 
for  having  committed  a  misdemeanor;  and  if  such  hearing  cannot 
then  be  had,  be  released  from  custody  on  giving  his  personal  under- 
taking to  appear  in  answer  for  such  violation,  at  such  time  and 
place  as  shall  then  be  indicated,  secured  by  the  deposit  of  a  sum 
equal  to  the  maximum  fine  for  the  offense  with  which  he  is  charged, 
or  in  lieu  thereof,  by  leaving  the  motor  vehicle,  being  operated 
by  such  person,  with  such  officer;  or,  in  case  such  officer  is  not 
accessible,  be  forthwith  released  from  custody  on  giving  his  name 
and  address  to  the  officer  making  such  arrest,  and  depositing  with 
such  officer  a  sum  equal  to  the  maximum  fine  for  the  offense  for 
which  such  arrest  is  made,  or  in  lieu  thereof,  by  leaving  the  motor 
vehicle  being  operated  by  such  person,  with  such  officer;  Provided, 
that  in  such  case  the  officei'  making  such  arrest  shall  give  a  receipt 
in  writing  for  such  sum  or  vehicle,  and  notify  such  person  to 
appear  before  the  most  accessible  magistrate,  naming  him,  on 
that  or  the  following  day,  specifying  the  place  and  hour.  In  case 
security  shall  be  deposited,  as  in  this  subdivision  provided,  it  shall 
be  returned  to  the  person  depositing,  forthwith  on  such  person 
1  icing  admitted  to  bail. 

Repeal,  when  act  takes  effect. 

§  27.  All  acts  and  parts  of  acts  inconsistent  herewith  or  con- 
trary hereto,  so  far  as  they  are  inconsistent  or  contrary,  are  hereby 
repealed. 

This  act  is  ordered  to  take  effect  June  15,  1905. 


MINNESOTA. 

Speed  rates. 

Sec.  1.  No  person,  driver  or  operator  in  charge  of  any  automo- 
bile, motor  vehicle  or  motor  cycle  on  any  public  road,  highway  or 
street  within  the  state  shall  drive,  operate,  move  or  permit  the 
same  to  be  driven,  operated  or  moved  at  a  rate  of  speed  faster  than 
eight  (8)  miles  per  hour  within  the  thickly  settled  business  portion 
of  any  city  or  village  within  this  state,  nor  outside  of  such  thickly 
settled  or  business  portion  of  any  city  or  village  on  any  public 
road,  highway  or  street,  at  a  rate  of  speed  faster  than  twenty-five 
(25)  miles  per  hour,  nor  over  any  crossing  or  crosswalk  within  the 
limits  of  any  city  or  village,  at  a  rate  faster  than  four  (4)  miles 
per  hour  when  any  person  is  upon  the  same. 

Stopping  on  signal. 

§  2.  The  driver  or  operator  in  charge  of  any  automobile,  motor 
vehicle  or  motor  cycle  on  any  public  road,  highway  or  street 
within  this  state  when  signalled  by  the  driver  of  any  vehicle  pro- 
pelled by  horses,  shall  stop  said  automobile,  motor  vehicle,  until 
the  other  vehicle  has  passed. 

Lamp. 

§  3.  Every  automobile,  motor  vehicle  or  motor  cycle,  when  driven 
on  any  public  road,  highway  or  street  within  this  state,  shall,  dur- 
ing the  hours  of  darkness,  have  fixed  upon  some  conspicuous  part 
thereof  at  least  one  lighted  lamp  suitable  for  the  use  of  said 
automobile,  motor  vehicle  or  motor  cycle  respectively. 

Muffler,  bell,  law  of  the  road. 

§  4.  Every  automobile,  motor  vehicle  or  motor  cycle  using 
gasoline  as  motive  power  shall  use  the  "  muffler,"  so-called,  and 
the  same  shall  not  be  cut  out  or  disconnected  within  the  limit? 
of  any  city  or  village  within  this  state.  Every  automobile,  motor 
vehicle  or  motor  cycle  shall  be  provided  with  a  bell,  or  horn,  which 
shall  be  rune  or  blown  whenever  there  is  danger  of  collision  or 
accident.  The  driver  or  operator  of  every  automobile,  motor 
vehicle  or  motor  cycle  shall  be  governed  by  the  usual  law  of  the 
road  by  turning  to  the  right  in  meetincr  vehicles,  teams  and  per- 
sons moving  or  headed  in  an  opposite  direction,  and  by  turning 

[215] 


216  Automobile   Enactments. 

to   the  left  in   passing  vehicles,   teams   and   persons   moving   or 
headed  in  the  same  direction. 

License,  fee  and  number. 

§  5.  Before  any  automobile,  motor  vehicle  or  motor  cycle  shall 
be  driven  or  operated  upon  any  public  road,  highway  or  street 
within  this  state,  the  owner  thereof  shall  take  out  a  license  for 
said  automobile,  motor  vehicle  or  motor  cycle,  which  said  license 
shall  be  issued  by  any  state  boiler  inspector  in  the  county  where 
such  automobile,  motor  vehicle  or  motor  cycle  is  owned.  Any 
person  obtaining  such  license  shall  pay  for  the  same  the  sum  of  two 
dollars  ($2.00)  to  said  boiler  inspector,  who  shall  issue  such  license 
and  shall  record  each  license  issued  by  number  in  consecutive  order. 
The  number  of  each  license  shall  be  painted  in  plain  figures  upon 
the  back  part  of  each  machine  in  a  conspicuous  place,  and  said 
figures  shall  not  be  less  than  four  and  one-half  (4%)  inches  high 
and  of  proportionate  width.  Provided,  however,  that  nothing  in 
this  section  contained  shall  be  construed  to  refer  to  any  driver  or 
operator  of  any  automobile,  motor  vehicle  or  motor  cycle  licensed 
by  any  municipality  in  this  state,  nor  to  any  automobile,  motor 
vehicle  or  motor  cycle,  the  numbering  of  which  is  provided  for  by 
any  such  municipality. 

Record  of  licenses  and  fees,  disposition  of  fees. 

§  6.  Any  boiler  inspector  issuing  a  license  shall  keep  a  correct 
record  of  all  licenses  issued  in  a  book  to  be  kept  for  that  purpose. 
He  shall  make  a  correct  report  to  the  county  treasurer  of  the 
county  in  which  he  resides  at  the  end  of  each  month  of  all  licenses 
issued  during  the  month,  if  any,  together  with  one-half  of  all  fees 
collected,  and  shall  turn  over  to  such  county  treasurer  one-half  of 
all  such  fees ;  the  other  one-half  of  the  fees  so  collected  he  shall  be 
allowed  to  retain  for  his  services  for  issuing  such  licenses. 

Violation  a  misdemeanor. 

§  7.  Any  person  violating  any  of  the  provisions  of  this  act  is 
guilty  of  a  misdemeanor. 

Takes  effect. 

§  8.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  April  21,  1903. 


MISSOURI. 

Meeting  horses,  et  cetera. 

Sec.  1.  Every  person,  corporation,  company  or  co-partnership 
engaged  in  operating  any  automobile  by  steam,  gasoline  or  elec- 
tricity or  other  motive  power  upon  any  of  the  public  streets,  roads, 
or  highways  of  this  state,  shall  keep  a  vigilant  watch  for  vehicles, 
carriages  or  wagons  drawn  by  animals,  and  especially  vehicles, 
carriages  or  wagons  driven  by  women  or  children,  and  shall  when 
approaching  any  such  vehicle,  carriage  or  wagon  so  drawn  by 
animal  or  animals  stop  such  automobile  for  such  a  time  as  to 
enable  such  person  in  charge  of  any  such  vehicle,  carriage  or 
wagon  to  pass,  or  if  going  in  the  same  direction,  shall  before  at- 
tempting to  pass  give  said  drivers  or  person  in  charge  of  any  such 
vehicle,  carriage,  or  wagon  drawn  by  animal  or  animals  sufficient 
notice  of  his  or  their  intention  to  pass,  by  the  sounding  of  a  bell 
or  whistle  and  if  necessary  to  prevent  the  frightening  of  such 
animal  or  animals  bring  said  automobile  to  a  stop  in  order  to 
give  such  driver  or  person  an  opportunity  to  alight  from  such 
vehicle,  carriage  or  wagon. 

Automobile  must  give  right  of  way. 

§  2.  All  persons,  corporation,  company  or  co-partnership  en- 
gaged in  operating  any  automobile  as  aforesaid,  shall  when  re- 
quired by  the  driver  or  person  in  charge  of  any  vehicle,  carriage 
or  wagon  drawn  by  any  animal  or  animals,  give  the  right  of  way  to 
such  driver  of  such  vehicle,  carriage  or  wagons  and  shall  not  run 
such  automobile  at  a  greater  rate  of  speed  than  nine  miles  per 
hour. 

Number,  license  and  lamps. 

§  3.  All  automobiles  operated  or  run  upon  any  of  the  public 
streets,  roads  or  highways  of  any  city  or  county  in  this  state  shall 
bear  a  number  corresponding  to  the  number  of  the  license,  placed 
at  a  conspicuous  place;  and  if  run  or  operated  in  the  night  shall 

[217] 


218  Automobile   Enactments. 

have  two  lighted  lamps  on  the  front  part  of  said  automobile,  and 
on  said  lamps  shall  be  painted  in  legible  figures,  at  least  three 
inches  long,  the  number  thereof. 

License  and  fees. 

§  4.  Every  person,  corporation,  company  or  co-partnership  de- 
siring to  operate  any  automobile  propelled  by  steam,  gasoline  or 
electricity  or  any  other  motive  power  shall  obtain  a  license  from 
the  license  commissioner,  if  in  a  city  having  such  commissioner, 
or  if  desired  to  operate  same  in  any  county  outside  the  incor- 
porate limits  of  any  such  city  or  any  of  the  public  highways, 
streets  or  roads  of  this  state,  shall  obtain  a  license  from  the  county 
clerk  of  such  county  authorizing  the  operating  of  such  automo- 
bile, and  shall  pay  to  the  license  commissioner,  or  if  in  a  city  hav- 
ing such  commissioner,  or  if  in  any  county  to  the  county  clerk  of 
such  county  the  sum  of  two  dollars  per  annum  for  each  automo- 
bile, so  operated  and  run  on  the  streets,  roads  and  highways,  which 
said  sum  shall  be  paid  into  and  become  a  part  of  the  general  road 
fund. 

Punishment  for  violations. 

§  5.  Any  person,  corporation,  company  or  co-partnership  vio- 
lating any  of  the  provisions  of  this  act  shall,  upon  conviction,  be 
adjudged  guilty  of  a  misdemeanor  and  punished  by  a  fine  of  not 
less  than  one  hundred  dollars  nor  more  than  one  thousand  dol- 
lars, or  by  imprisonment  in  the  county  jail  not  less  than  thirty 
days  nor  more  than  six  months  or  by  both  such  fine  and  imprison- 
ment. 


MONTANA. 

Speed  rates. 

Sec.  1.  No  automobile  or  other  motor  vehicle  shall  be  run  on 
any  public  highway  outside  the  limits  of  a  city,  fire  district  or 
thickly  settled  or  business  part  of  a  town  at  a  speed  exceeding 
twenty  miles  an  bour,  and  no  such  vehicle  shall  be  run  on  any 
public  wajl  within  the  limits  of  a  city,  tire  district,  or  of  any 
thickly  settled  or  business  part  of  a  town  at  a  speed  exceeding 
eight  miles  an  hour. 

Duties  upon  meeting  horses,  et  cetera. 

§  2.  Every  person  having  control  or  charge  of  a  motor  vehicle 
or  automobile  shall,  whenever  upon  any  public  street  or  way  and 
approaching  any  vehicle  drawn  by  a  horse,  mule,  horses  or  mules 
or  any  horse  upon  which  any  person  is  riding,  operate,  manage  and 
control  such  motor  vehicle  or  automobile  in  such  manner  as  to 
exercise  every  reasonable  precaution  to  prevent  the  frightening  of 
any  such  horse  or  horses  and  to  insure  the  safety  and  protection 
of  any  person  riding  or  driving  the  same.  And  if  such  horse  or 
horses  appear  frightened,  the  person  in  control  of  such  motor 
vehicle  shall  reduce  its  speed  and  if  requested  by  signal  or  other- 
wise by  the  driver1  of  such  horse  or  horses,  shall  not  proceed 
farther  towards  such  animal  unless  such  movement  be  necessary 
to  avoid  accident  or  injury,  or  until  such  animal  appears  to  be 
under  the  control  of  its  rider  or  driver. 

Speed  at  crossings. 

§  3.  Upon  approaching  a  crossing  of  intersecting  ways,  and  also 
in  traversing  the  crossing  or  intersection,  the  person  in  control  of 
a  motor  vehicle  shall  run  it  at  a  rate  of  speed  less  than  that  above 
specified,  and  not  greater  than  is  reasonable  and  proper,  having 
regard  to  the  traffic  and  the  use  of  the  intersecting  ways. 

Definition  of  "  motor  vehicle." 

§  4.  The  term  "  motor  vehicle "  in  this  act  shall  include  all 
vehicles  propelled  by  any  power  other  than  muscular  power  except- 

[219] 


220  Automobile   Enactments. 

ing   railroad  and   railway  cars  and  motor  vehicles  running  only 
upon  rails  or  tracks. 

Punishment  for  violations. 

§  5.  Any  person  violating  any  provision  of  this  act  shall  be 
punished  for  each  offense  by  a  fine  not  exceeding  one  hundred  dol- 
lars, or  by  imprisonment  for  a  term  not  exceeding  sixty  days,  or 
by  both  such  fine  and  imprisonment. 

Repeal. 

§  6.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed. 

Takes  effect. 

§  7.  This  act  shall  take  effect  and  be  in  full  force  from  and 
after  its  passage. 

Approved  March  7,  1905. 


NEBRASKA. 

Definitions. 

Sec.  1.  The  words  and  phrases  used  in  this  act  shall,  for  the 
purpose  of  this  act  only,  be  construed  as  follows: 

1.  "  Motor  vehicles,"  shall  include  all  vehicles  propelled  by  any 
power  other  than  muscular  power,  excepting  such  motor  vehicles 
as  run  only  upon  rails  or  tracks,  provided  that  nothing  herein  con- 
tained shall  apply  to  traction  engines  and  road  rollers ;  2.  "  Closely 
built  up  portions,"  shall  mean  the  territory  of  a  city,  town  or  vil- 
lage, contiguous  to  a  public  highway  devoted  to  business  or  where 
for  not  less  than  one-fourth  (%)  of  a  mile  the  dwelling  houses  on 
such  highways  average  not  more  than  one  hundred  (100)  feet 
apart. 

Owner's  statement,  fee. 

§  2.  Every  owner  of  a  motor  vehicle  shall,  for  every  such  vehicle 
owned  by  him,  file  in  the  office  of  the  secretary  of  state  a  state- 
ment of  his  name  and  address,  with  a  brief  description  of  the 
vehicle  to  be  registered,  on  a  blank  prepared  and  furnished  by 
such  secretary  for  that  purpose.  The  filing  fee  shall  be  one  dollar 
($1.00). 

Filing,  registration  and  number. 

§  3.  The  secretary  of  the  state  shall  thereupon  file  such  a  state- 
ment in  his  office,  register  such  motor  vehicle  in  a  book  to  be  kept 
for  that  purpose  and  assign  it  a  number  beginning  with  number 
one  (1)  and  so  on  in  the  order  of  filing. 

Re=registration. 

§  4.  Every  person  acquiring  a  motor  vehicle  shall  file  a  like 
statement  with  the  secretary  of  state  and  such  secretary  of  state 
shall,  in  like  manner,  file  such  statement,  register  such  vehicle  and 
assign  it  a  number.  If  the  vehicle  has  previously  been  registered, 
and  such  fact  and  number  assigned  it  shall  be  set  forth  in  the 

[221] 


222  Automobile   Enactments. 

statement,  the  previous  registration  shall  be  cancelled ;  but  the 
number  of  such  previous  registration  may  be  assigned  under  the 
new  registration. 

Seal. 

§  5.  The  secretary  of  state  shall  forthwith  on  such  registration 
and  without  other  fee,  issue  and  deliver  to  the  owner  of  such 
motor  vehicle  a  seal  of  aluminum  or  other  suitable  metal,  which 
shall  be  circular  in  form,  not  over  two  inches  (2)  in  diameter,  and 
have  stamped  therein  the  words,  "  Registered  in  the  office  of  the 
Secretary  of  State  for  the  State  of  Nebraska,"  under  the  "  Motor 

Vehicle  Law,  No.  "  with  the  registration  number  inserted 

therein ;  which  seal  shall  thereafter  at  all  times  be  conspicuously 
displayed  on  the  motor  vehicle  to  which  such  number  has  been 
assigned. 

Display  of  number. 

§  6.  Every  motor  vehicle  shall  also  at  all  times  have  the  num- 
ber assigned  to  it  by  the  secretary  of  state  displayed  on  the  bank 
of  such  motor  vehicle  in  such  a  manner  as  to  be  plainly  visible, 
the  number  to  be  Arabian  numerals,  each  not  less  than  three  (3) 
inches  in  height,  and  each  stroke  to  be  of  a  width  not  less  than 
one-half  (%)  inch,  and  also  as  a  part  of  such  number  the  initial 
and  terminal  letters  of  the  state's  name,  such  letters  to  be  not  less 
than  two  (2)  inches  in  height. 

Non=residents  exempt. 

§  7.  The  provision  of  sections  two  (2)  to  five  (5)  inclusive,  shall 
not  apply  to  motor  vehicles  owned  and  operated  by  non-residents 
of  this  state,  provided  the  owners  thereof  have  complied  with  any 
law  requiring  the  registration  of  owners  of  motor  vehicles  in  force 
in  the  state,  territory  or  federal  district  of  their  residence,  and  the 
registration  number  showing  the  initials  of  such  state,  territory 
or  federal  district,  shall  be  displayed  on  such  vehicles  substantially 
as  provided  by  section  six  (6)  of  this  act. 

Speed  rates. 

§  8.  No  person  shall  operate  a  motor  vehicle  on  a  public  high- 
way at  a  rate  of  speed  greater  than  is  reasonable  and  proper,  hav- 
ing regard  to  the  traffic  and  use  of  the  highway,  or  so  as  to  en- 


Nebraska.  223 

danger  the  life  or  limb  of  any  person,  or  in  any  event  in  the  closer 
built  up  portions  of  a  city,  town,  or  village,  at  a  greater  pate  than 
one  (1)  mile  in  six  (6)  minutes,  or  elsewhere  in  a  city,  town  or 
village  at  a  greater  rate  than  one  (1)  mile  in  four  (4)  minutes? 
or  elsewhere  outside  of  the  city,  town  or  village  a)  a  greater  average 
rate  than  twenty  miles  per  hour;  subject,  however,  to  the  other 
provisions  of  this  section.  Upon  approaching  a  crossing  of  inter- 
secting public  highways,  or  a  bridge,  or  a  sharp  curve,  or  a  steep 
descent,  and  also  in  traveling  such  crossings,  bridges,  curves,  or 
descent  a  person  operating  a  motor  vehicle  shall  have  it  under 
control  and  operated  at  a  rate  of  speed  less  than  heretofore 
specified,  and  in  no  event  greater  than  is  reasonable  and  proper, 
having  regard  to  the  traffic  then  on  such  highways  and  the  safety 
of  the  public. 

Duties  upon  meeting  horses,  et  cetera. 

§  9.  Any  person  operating  a  motor  vehicle  shall  at  request  or 
on  signal  by  putting  up  the  hand,  from  a  person  riding  or  driving 
a  restive  horse  or  other  draught  or  domestic  animal,  bring  such 
motor  vehicle  immediately  to  a  stop,  and,  if  traveling  in  the  op- 
posite direction  remain  stationary  so  long  as  may  be  reasonable 
to  allow  such  horse  or  animal  to  pass,  and  if  traveling  in  the  same 
direction,  use  reasonalbe  caution  in  passing  such  horse  or  animals, 
and  the  operator  or  occupant  of  any  motor  vehicle  shall  render 
necessary  assistance  to  the  party  having  in  charge  such  a  horse  or 
other  draught  animal  in  so  passing. 

Brakes,  bell  and  lamps. 

§  10.  Every  motor  vehicle  while  in  use  on  a  public  highway 
shall  be  provided  with  a  good  and  sufficient  brake,  and  also  with  a 
suitable  bell,  horn  or  other  signal,  and  be  so  constructed  as  to 
exhibit,  during  the  period  from  one  (1)  hour  after  sunset  to  one 
(1)  hour  before  sunrise,  one  or  more  lamps  showing  white  lights 
visible  within  a  reasonable  distance  towards  which  such  a  vehicle 
is  proceeding,  and  also  a  red  light  visible  in  the  reverse  direction. 

Local  ordinances  prohibited,  exception. 

§  11.  Cities  and  towns  shall'  have  no  power  to  pass,  enforce  or 
maintain  any  ordinance,  rule  or  regulation  requiring  of  any  owner 
or  operator  of  a  motor  vehicle  any  license  or  permit  to  use  the 


224  Automobile   Enactments. 

public  highway  or  exclude  or  prohibit  any  motor  vehicle  whose 
owner  has  complied  with  section  two  (2)  or  section  four  (4)  cf 
this  act  from  the  free  use  of  such  highways,  and  all  such  ordi- 
nances, rules  or  regulations  now  in  force  are  hereby  declared  to 
be  of  no  validity  or  effect;  provided  that  nothing  in  this  act  shall 
be  construed  as  limiting  the  power  of  local  authorities  to  make,  en- 
force and  maintain  an  ordinance,  rules  or  regulations,  in  addition 
to  the  provisions  of  this  act,  affecting  motor  vehicles  which  are 
offered  to  the  public  for  hire. 

Punishment  for  violations. 

§  12.  The  violation  of  any  of  the  provisions  of  this  act  shall  be 
deemed  a  misdemeanor,  punishable  by  fine  not  exceeding  twenty- 
five  dollars  ($25.00)  for  the  first  offense,  and  punishable  by  a  fine 
not  less  than  twenty-five  dollars  ($25.00)  nor  more  than  fifty  dol- 
lars ($50.00),  or  imprisonment  not  exceeding  thirty  days  (30)  in 
the  county  jail  for  a  second  or  subsequent  offense. 

Approved  April  3,  1905. 


NEW  HAMPSHIRE. 

Definitions. 

Sec.  1.  The  terms  automobile  and  motor  cycle  as  used  in  this 
act  shall  include  all  vehicles  propelled  by  other  than  muscular 
power  except  railroad  and  railway  cars  and  motor  vehicles  running 
only  upon  rails  or  tracks  and  road  rollers. 

Filing  statement,  registration  fee,  record  and  certificate. 

§  2.  All  automobiles  and  motor  cycles  shall  be  registered  by  the 
owner  or  person  in  control  thereof  in  accordance  with  the  pro- 
visions of  this  act.  Applications  for  such  registration  shall  be 
made,  by  mail  or  otherwise,  to  the  secretary  of  state,  upon  blanks 
prepared  under  his  authority.  The  application  shall,  in  addition 
to  such  other  particulars  as  may  be  required  by  the  secretary  of 
state,  contain  a  statement  of  the  name,  place  of  residence,  and 
address  of  the  applicant,  with  a  brief  description  of  the  automo- 
bile or  motor  cycle,  including  the  name  of  the  maker,  the  num- 
ber, if  any,  affixed  by  the  maker,  the  character  of  the  motive  power 
and  the  amount  of  such  power  stated  in  figures  of  horse  power, 
and  with  such  application  shall  be  deposited  a  registration  fee  of 
three  dollars.  Said  secretary  of  state  shall  then  register  in  a  book 
to  be  kept  for  the  purpose,  the  automobile  or  motor  cycle  described 
in  the  application,  giving  to  such  vehicle  a  distinguishing  number 
or  mark,  which  in  all  cases  shall  be  followed  by  the  letters  "  N. 
H. ",  and  shall  thereupon  issue  to  the  applicant  a  certificate  of 
registration  and  shall  furnish  such  applicant  with  two  number 
plates  or  tags  bearing  the  distinguishing  number  or  mark  of  his 
vehicle,  followed  by  the  letters  "  N.  H.",  of  such  form  as  to  be 
conveniently  attached  to  the  vehicle  registered.  The  certificate 
shall  contain  the  name,  place  of  residence  and  address  of  the  ap- 
plicant, and  the  registered  number  or  mark,  and  shall  prescribe 
the  manner  in  which  such  registered  number  or  mark  shall  be  dis- 
played upon  the  vehicle,  and  shall  be  in  such  form  and  contain 
such  further  provisions  as  the  secretary  of  state  may  prescribe. 
The  certificate  of  registration  shall  always  be  carried  in  some 
15  [225] 


•22(j  Automobile   Enactments. 

easily  accessible  place  in  the  vehicle  described  therein.  A  proper 
record  of  all  applications  and  of  all  certificates  issued  shall  be  kept 
by  the  secretary  of  state  at  his  office  and  shall  be  open  to  the  in- 
spection of  any  person  during  reasonable  business  hours.  Upon 
the  sale  of  any  automobile  or  motor  cycle  its  registration  shall 
expire  and  the  vendor  shall  immediately  return  the  certificate  of 
registration  and  number  plates  to  said  secretary  of  state,  with 
notice  of  the  sale  and  of  the  name,  place  of  residence  and  address 
of  the  vendee. 

Manufacturer's  or  dealer's  license. 

§  3.  Every  manufacturer  of  or  dealer  in  automobiles  or  motor 
cycles,  may,  instead  of  registering  each  such  vehicle  owned  or 
controlled  by  him,  make  application  upon  a  blank  provided  by  the 
secretary  of  state,  for  a  general  distinguishing  number  or  mark, 
and  the  secretary  of  state  shall,  if  the  facts  stated  in  said  applica- 
tion are  true,  grant  said  application  and  issue  to  the  applicant  a 
certificate  of  registration  containing  the  name,  place  of  residence 
and  address  of  the  applicant  and  the  general  number  or  mark 
assigned  to  him  and  made  in  such  form  and  containing  such 
further  provisions  as  said  secretary  of  state  may  determine,  and  all 
automobiles  or  motor  cycles  owned  or  controlled  by  such  manu- 
facturer or  dealer  shall,  until  sold  or  let  for  hire,  or  loaned  for  a 
period  of  more  than  five  successive  days,  be  regarded  as  registered 
under  such  general  distinguishing  mark  or  number.  The  fee  for 
every  such  license  shall  be  ten  dollars,  and  approved  number  plates 
or  tags  shall  be  furnished  to  the  applicant  by  said  secretary  of 
state  for  the  sum  of  one  dollar  per  pair. 

Operator's    license   and    special    license   for   operating   automo- 
biles for  hire. 

§  4.  No  person  shall  operate  an  automobile  or  motor  cycle  until 
he  shall  have  first  obtained  a  license  for  that  purpose.  Applica- 
tions for  licenses  shall  be  made  upon  blanks  prepared  by  the 
secretary  of  state,  and  the  licenses  issued  shall  be  in  such  form  and 
contain  such  provisions  as  said  secretary  of  state  may  determine. 
To  each  licensee  shall  be  assigned  a  distinguishing  number  or 
mark,  and  a  proper  record  of  all  applications  for  licenses  and  of 
all  licenses  issued  shall  be  kept  by  the  secretary  of  state  at  his 
office  and  shall  be  open  to  the  inspection  of  any  person  during 
reasonable  business  hours.    Each  license  shall  state  the  name,  place 


New  Hampshire.  227 

of  residence  and  address  of  the  licensee,  and  the  distinguishing 
number  or  mark  assigned  to  him.  Such  licenses  sli.ili.be  granted 
for  one  year  only,  and  the  fee  therefor  shall  be  one  dollar.  All 
fees  shall  be  deposited  at  the  time  of  making  the  application. 
Special  licenses  for  operating  automobiles  for  hire  may  be  issued 
by  the  secretary  of  state  for  an  annual  fee  of  five  dollars  each, 
but  no  license  shall  be  issued  under  the  provisions  of  this  section 
until  the  secretary  of  state  shall  have  first  satisfied  himself  that 
the  applicant  is  a  competent  and  proper  person  to  receive  the  same. 
Every  licensee  when  operating  a  machine  shall  keep  his  license 
with  him  and  exhibit  it  upon  the  request  of  any  officer  of  the  law. 

Registration    necessary,    also    style    and    display    of    registered 
number. 

§  5.  Except  as  hereinafter  provided,  no  person  shall  on  or  after 
the  first  day  of  May  in  the  year  nineteen  hundred  and  five,  operate 
an  automobile  or  motor  cycle  upon  any  highway  laid  out  under  the 
authority  of  statute  or  road  dedicated  to  the  public  use  for  a  high- 
way, unless  the  provisions  of  sections  two  and  four  of  this  act 
have  been  complied  with,  nor  unless  the  registered  number  or  mark 
is  at  all  times  so  displayed  at  two  points  upon  the  vehicle  as  to  be 
unobstructedly  visible,  respectively  from  in  front  of,  and  behind 
said  vehicle.  Number  plates  furnished  by  the  secretary  of  state, 
shall  be  the  only  approved  form  of  display  of  the  distinguishing 
number  or  mark  and  the  same  shall  be  of  uniform  style,  bearing 
the  number  legibly  inscribed  upon  them  in  figures  not  less  than 
four  inches  in  height  followed  by  the  letters  "  N.  H."  Motor 
cycles  shall  be  required  to  carry  but  one  number  plate  which  must 
be  constantly  displayed  in  the  most  conspicuous  position  prac- 
ticable. No  person  shall  operate  an  automobile  for  hire  unless 
specially  licensed  so  to  do,  and  no  person  shall  employ  for  hire  as 
chauffeur  or  operator  of  an  automobile,  any  person  not  specially 
licensed  as  aforesaid,  and  the  secretary  of  state  may  make  regula- 
tions requiring  a  display  of  the  chauffeur's  or  operator's  number 
or  mark.  The  provisions  of  this  section  shall  not  prevent  the 
operating  of  automobiles  by  unlicensed  persons  if  riding  with  or 
accompanied  by  a  licensed  chauffeur  or  operator. 

Exemption  of  non-resident  owners. 

§  6.  Automobiles  or  motor  cycles  owned  by  non-residents  of  this 
state  and  registered  in  some  other  state,  may  be  operated  upon  the 


228  Automobile   Enactments. 

roads  and  highways  of  this  state,  subject,  however,  to  the  speed 
limitations  contained  in  this  act.  Any  non-resident  person  hold- 
ing an  operator's  or  chauffeur's  license  from  another  state  may 
operate  an  automobile  or  motor  cycle  in  this  state  subject  to  a 
revocation  or  suspension  of  such  right  by  the  secretary  of  state 
for  cause  as  hereinafter  provided. 

Brakes,  mufflers,  bells  and  lamps. 

§  7.  Every  automobile  or  motor  cycle  operated  within  the  state 
shall  be  provided  with  an  adequate  brake,  with  an  efficient  muffler 
or  silencing  device  which  shall  constantly  be  maintained  in  use 
whenever  the  vehicle  is  operated  within  business  districts  or  the 
compactly  built  sections  of  cities  or  towns.  Every  automobile  or 
motor  cycle  shall  further  be  provided  with  a  suitable  bell,  horn 
or  other  means  of  signaling  and  shall  during  the  period  from  one 
hour  after  sunset  until  one  hour  before  sunrise,  display  lighted 
lamps  upon  the  faces  of  which  shall  be  displayed  the  distinguish- 
ing number  of  the  machine  in  legible  figures  of  not  less  than  one 
inch  in  height. 

Speed  permitted. 

§  8.  No  automobile  or  motor  cycle  shall  be  operated  upon  any 
public  highway  outside  the  business  district  or  the  compactly  built 
sections  of  a  city  or  town  at  a  speed  greater  than  twenty  miles  an 
nour,  or  within  the  business  districts  or  compactly  built  sections 
of  a  city  or  town  at  a  speed  greater  than  eight  miles  an  hour.  A 
point  upon  a  road  shall  be  considered  to  be  within  the  compactly 
built  section  of  a  city  or  town  if  the  buildings  abutting  upon  the 
road  for  one-quarter  of  a  mile  immediately  adjacent  to  the  point 
in  question  average  one  hundred  feet  apart  or  less.  Upon  travers- 
ing a  crossing  of  intersecting  ways,  in  going  around  a  corner  or 
curve  which  cuts  off  a  free  view  of  the  road  to  be  traversed,  or  in 
traversing  a  highway  bordering  a  steep  descent  or  passing  over  a 
bridge,  every  person  operating  such  a  vehicle  shall  run  it  at  a  rate 
of  speed  less  than  that  heretofore  specified  and  at  no  time  and  in 
no  place  greater  than  is  reasonable  and  proper,  having  regard  to 
traffic,  the  use  of  the  way,  and  the  safety  of  the  public.  In  tra- 
versing a  crossing  of  intersecting  ways  or  in  going  around  a  corner 
or  sharp  curve  in  a  road,  the  operator  shall  sound  his  horn  or  bell. 


New  Hampshire.  229 

Meeting  horses,  stopping  on  signal. 

§  9.  Every  person  having  control  or  charge  of  an_aufomobile 
or  motor  cycle,  shall,  whenever  upon  any  public  street  or  way  and 
approaching  any  vehicle  drawn  by  a  horse  or  horses  or  approaching 
any  horse  upon  which  any  person  is  riding,  operate,  manage  and 
control  such  automobile  or  motor  cycle  in  such  a  manner  as  to 
exercise  every  reasonable  precaution  to  prevent  the  frightening  of 
such  horse  or  horses  and  to  insure  the  safety  and  protection  of  any 
person  riding  or  driving  the  same.  And,  if  such  horse  or  horses 
appear  to  be  frightened,  the  person  in  control  of  sxich  automobile 
or  motor  cycle  shall  reduce  its  speed,  and  if  requested  by  the  rais- 
ing of  a  hand  or  other  signal,  by  the  rider  or  driver  of  such  horse 
or  horses,  shall  not  proceed  further  towards  such  animal  and  in 
cases  of  extreme  fright  shall  upon  request  reduce  the  motive  power 
to  a  full  stop. 

Penalties  for  violation  of  this  act. 

§  10.  Any  person  convicted  of  violating  any  provisions  of  this 
act  shall  be  punished  for  the  first  offense  by  a  fine  of  not  exceed- 
ing ten  dollars  and  costs.  Any  person  convicted  of  a  second  or 
subsequent  offense  shall  be  punished  by  a  fine  of  not  exceding  fifty 
dollars  and  the  revocation  of  his  license  or  privilege.  Any  person 
convicted  of  operating  an  automobile  or  motor  cycle  after  a  revo- 
cation or  suspension  of  his  license  or  privilege,  shall  be  pun- 
ished by  a  fine  not  exceeding  one  hundred  dollars  or  by  imprison- 
ment not  exceeding  thirty  days,  or  by  both  such  fine  and 
imprisonment.  A  court  convicting  any  person  of  violating  any  of 
the  provisions  of  this  act  shall  at  once  notify  the  secretary  of  state 
of  such  conviction,  with  the  number,  or  mark  of  the  machine  and 
license,  and  shall  transmit  other  information  obtained  at  the 
hearing.  This  shall  be  recorded  by  the  secretary  of  state,  and  if 
at  any  time  it  shall  appear  that  any  person  has  been  convicted  of  a 
first  offense  in  more  than  one  court  in  this  state  the  fact  of  the 
second  conviction  shall  be  deemed  a  second  offense  and  his  license, 
or,  if  a  non-resident,  his  privilege,  shall  be  revoked.  Upon  such 
revocation  his  license  shall  be  returned  to  the  secretary  of  state. 
The  secretary  of  state  shall  not  a.eain  grant  a  new  license,  to  any 
person,  or  renew  the  privilege  of  a  non-resident,  after  revocation 
under  the  provision  of  this  section,  except  for  good  reasons  shown 
and  not  before  the  expiration  of  three  months  from  the  date  of 
such  revocation. 


230  Automobile   Enactments. 

Duties  of  secretary  of  state,  expenses  and  fees. 

§  11.  It  shall  be  the  duty  of  the  secretary  of  state  to  perform  all 
acts  as  provided  herein.  The  fees  received  under  the  provisions  of 
this  act  shall  be  paid  quarterly  by  the  secretary  of  state  into  the 
treasury  of  the  state,  and  such  expenses  as  may  be  necessary  in 
carrying  out  the  provisions  of  this  act  shall  be  paid  out  of  the 
treasury  of  the  state. 

Speed  tests  and  races. 

§  12.  Nothing  in  this  act  shall  be  construed  to  prevent  the  select- 
men of  any  town,  or  the  joint  boards  of  the  selectmen  of  two  or 
more  adjoining  towns,  from  issuing  a  special  permit  to  the  man- 
ager or  person  in  charge  of  an  automobile  meet  or  gathering,  for 
trials  of  speed  or  endurance  upon  a  particular  highway  or  over  a 
specified  route.  But  such  permit  shall  be  limited  to  days  specified 
therein.  Every  family  residing  on  such  highway  or  route  shall  be 
notified  in  writing,  and  the  public  shall  be  notified  by  publication 
in  the  local  newspapers  issued  the  week  next  prior  to  such  meet- 
ing, that  such  permit  has  been  granted.  All  expenses  incurred 
under  this  section  shall  be  paid  by  the  applicant  and  no  such  permit 
shall  be  a  protection  from  the  general  provisions  of  this  act  ex- 
cept upon  a  strict  compliance  herewith,  and  shall  in  no  way  annul 
or  modify  any  of  the  provisions  of  section  nine  of  this  act. 

Rule  of  evidence  in  action  for  damages  when  the  chauffeur  or 
operator  is  unlicensed. 

§  13.  If  any  person  sustains  an  injury  to  himself  or  team  on 
any  public  highway  by  reason  of  the  presence  of  any  automobile 
or  motor  cycle  thereon,  the  fact  of  such  injury  shall  be  prima  facie 
evidence  sufficient  to  sustain  an  action  of  case  to  recover  for  such 
injury,  unless  the  vehicle  causing  such  injury  is  under  the  control 
of  or  accompanied  by  a  person  holding  a  chauffeur's  or  operator's 
license.  This  section  shall  not  apply  to  any  automobile  or  motor 
cycle  left  in  any  highway  from  necessity,  or  otherwise  left  in  a 
reasonable  manner,  by  a  licensed  chauffeur  or  operator. 

When  act  takes  effect. 

§14.  Except  as  otherwise  provided  herein  this  act  shall  take 
effect  upon  its  passage. 


NEW  JERSEY. 

PART   I. 
Definitions. 

Sec.  1.  As  used  in  this  act: 

(1)  The  term  "motor  vehicle"  includes  all  vehicles  propelled 
otherwise  than  by  muscular  power,  excepting  such  vehicles  as  run 
only  upon  rails  or  tracks. 

(2)  The  term  "  motor  cycle  "  includes  only  motor  vehicles  hav- 
ing pedals  and  saddle  with  driver  sitting  astride. 

(3)  The  term  "  automobile  "  includes  all  motor  vehicles  except- 
ing motor  cycles. 

(4)  The  word  "magistrate"  shall  be  deemed  and  understood  to 
mean  and  include  all  justices  of  the  peace,  judges  of  the  city 
criminal  courts,  police  justices,  recorders,  mayors  and  all  other 
officers  having  the  power  of  a  committing  magistrate 

§  2.  Automobile  fire  engines  and  such  self-propelling  vehicles  as 
are  used  neither  for  the  conveyance  of  persons  for  hire,  pleasure 
or  business,  nor  for  the  transportation  of  freight,  such  as  steam 
road  rollers  and  traction  engines,  are  excepted  from  the  provisions 
of  this  act. 

PART   II. 

The  construction  and  equipment  of  motor  vehicles. 

§  3.  Every  motor  vehicle  must  be  equipped  with  a  plainly  au- 
dible signal  trumpet. 

"  §  4.  (1)  Every  automobile  shall  carry,  during  the  period  from 
one  hour  after  sunset  to  one  hour  before  sunrise,  and  whenever  fog 
renders  it  impossible  to  see  a  long  distance,  at  least  two  lighted 
lamps,  showing  white  lights,  visible  at  least  two  hundred  and  fifty 
feet  in  the  direction  towards  which  said  automobile  is  proceeding, 
and  shall  also  exhibit  one  red  light  visible  in  the  reverse  direction. 
Upon  the  fronts  of  the  two  aforesaid  lamps  showing  white  lights 
shall  be  displayed,  in  such  manner  as  to  be  plainly  visible  when 
such  lamps  are  lighted,  the  number  of  the  registration  certificate 

[231] 


232  Automobile   Enactments. 

issued  as  in  this  act  provided,  the  same  to  be  in  Arabic  numerals, 
not  less  than  one  inch  in  height. 

(2)  Every  motor  cycle  shall  carry,  during  the  period  from  one 
hour  after  sunset  to  one  hour  before  sunrise,  and  whenever  fog 
renders  it  impossible  to  see  a  long  distance,  at  least  one  lighted 
lamp,  showing  a  white  light  visible  at  least  two  hundred  feet  in 
the  direction  toward  which  the  motor  cycle  is  proceeding. 

§  5.  Automobiles  of  more  than  ten  horse-power  shall  be  provided 
with  at  least  two  brakes,  powerful  in  action  and  separated  from 
each  other,  of  which  one  brake  must  act  directly  on  the  drive  wheels 
or  on  the  parts  of  the  mechanism  which  are  firmly  connected  with 
the  wheels.  Each  of  the  two  brakes  must  suffice  alone  to  stop  the 
automobile  within  a  proper  time.  One  of  the  two  brakes  must  be 
so  arranged  as  to  be  operated  with  the  foot;  provided,  however, 
that  on  automobiles  not  exceeding  ten  horse-power  one  brake  will 
be  sufficient. 

Motor  cycles  shall  be  provided  with  at  least  one  brake,  which 
may  be  operated  by  hand. 

§  6.  No  motor  vehicle  tire  shall  be  fitted  with  a  chain  when  used 
upon  gravel  macadam  or  other  made  roads,  except  upon  natural 
dirt,  asphalt,  cobble,  Belgium  block  or  vitrified  brick  pavements; 
provided,  however,  that  tires  may  be  fitted  with  a  chain  when  used 
upon  roads  covered  with  a  coating  of  at  least  one  inch  of  snow  or 
ice. 

§  7.  Every  motor  vehicle  must  have  devices  to  prevent  excessive 
noise,  annoying  smoke  and  the  escape  of  gas  and  steam,  as  well 
as  the  falling  out  of  embers  or  residue  from  the  fuel. 

PART   III. 
Department  of  motor  vehicle  registration  and  regulation. 

§  8.  The  secretary  of  state  shall  forthwith  organize  in  connec- 
tion with  the  department  of  state  the  department  of  motor  vehicle 
registration  and  regulation.  TTe  shall  provide  suitable  quarters 
for  the  same  and  shall  furnish  all  necessary  supplies  and  equip- 
ment for  the  proper  enforcement  of  the  provisions  of  this  act. 
He  shall  approve  all  hills  for  disbursement  of  money  under  any 
of  the  provisions  of  this  act,  which  shall  be  paid  by  the  state  tr 
urer,  upon  the  warrant  of  the  comptroller  out  of  any  appropriation 
regularly  made  therefor. 


New  Jersey.  -.'!.'! 

§  9.  The  assistant  secretary  of  state  shall  be  ex-officio  commis- 
sioner of  motor  vehicles,  and  shall  have  persona]  charge  and  super- 
visioD  of  the  enforcement  of  the  provisions  of  this  act.  The 
tary  of  state  shall  appoint  a  chief  inspector  of  motor  vehicles,  who 
shall  he  chief  clerk  of  the  department,  and  who  shall  have  practical 
knowledge  of  the  mechanical  arrangement  and  capabilities  of  all 
kinds  of  motor  vehi<  les,  and  be  capable  to  pass  upon  the  efficiency 
of  motor  vehicles  and  the  competency  of  motor  vehicle  drivers. 
The  secretary  of  state  shall  also  appoint  as  many  inspectors,  not 
exceeding  seven,  as  may  be  necessary  in  detecting  violations  of 
this  act,  in  obtaining  evidence  of  violations  and  otherwise  assisting 
in  the  enforcement  of  the  act.  lie  shall  also  provide  the  clerical 
assistance  necessary  to  carry  into  effect  the  provisions  of  this  act. 
lie  shall  fix  the  compensation  of  all  inspectors,  clerical  assistants 
and  others  employed  under  this  act;  the  salary  of  inspectors,  how- 
ever, shall  not  exceed  three  dollars  per  day.  The  compensation 
of  the  commissioner  of  motor  vehicles  shall  be  fifteen  hundred 
dollars  per  annum,  in  addition  to  any  compensation  he  may  re- 
ceive by  reason  of  any  statute  fixing  the  compensation  of  assistant 
secretary  of  state,  and  that  of  the  chief  inspector  shall  be  fifteen 
hundred  dollars  per  annum. 

§  10.  The  commissioner  of  motor  vehicles  shall  be  authorized, 
and  full  power  and  authority  are  hereby  given  to  him,  to  designate 
the  chief  of  police  and  the  lawful  deputy  of  said  chief  of  police  of 
any  municipality  in  this  state,  or  any  other  proper  person,  to  be  the 
agent  of  the  said  commissioner  of  motor  vehicles,  for  the  register- 
ing of  motor  vehicles  and  issuing  registration  certificates,  and  for 
the  examining  of  applicants  for  licenses  to  drive  motor  vehicles, 
and  the  granting  of  licenses  to  said  applicants,  subject  to  the  re- 
quirements of  this  act  and  to  such  rules  and  regulations  as  shall 
be  imposed  by  the  commissioner;  and  any  chief  of  police  and 
deputy  who  may  be  so  designated  are  hereby  authorized  and  re- 
quired to  act  according  and  until  the  said  authority  so  to  act  is 
revoked  by  the  said  commissioner.  The  fee  allowed  such  agent  for 
registration  certificates  so  issued  by  him,  and  for  every  licens<  so 
granted  by  him,  shall  be  fixed  by  the  inspector  of  motor  vehicles, 
the  same  to  be  retained  from  the  registration  fee  or  the  license  fee 
paid  to  him;  provided,  however,  that  every  registration  and  regis- 
tration certificate  and  every  license  to  drive  motor  vehicles  may  he 
revoked  by  the  said  commissioner  of  motor  vehicles  for  a  violatioK 


234  Automobile   Enactments. 

of  any  of  the  provisions  of  this  act,  or  on  other  reasonable  grounds 
after  due  notice  in  writing  of  such  proposed  revocation  and  the 
ground  thereof,  and  if  a  driver  of  motor  vehicles  shall  have  had 
his  license  revoked,  a  new  license  granted  to  him  within  one  year 
thereafter  shall  be  void  and  of  no  effect  unless  it  shall  be  granted 
by  the  said  commissioner  of  motor  vehicles  in  person;  and  if  the 
registration  or  registration  certificate  of  any  motor  vehicle  shall 
have  been  revoked,  a  new  registration  made,  or  new  registration 
certificate  issued,  within  one  year  thereafter  shall  be  void  and  of 
no  effect  unless  the  new  registration  shall  be  made  and  the  new 
certificate  issued  under  the  personal  direction  of  the  commissioner 
of  motor  vehicles. 

§  11.  The  commissioner  of  motor  vehicles  shall  be  authorized, 
and  full  power  and  authority  are  hereby  given  to  him,  to  license, 
at  his  discretion  and  upon  payment  of  the  lawful  fee,  any  proper 
person  of  the  age  of  sixteen  years  or  over  to  be  a  motor-vehicle 
driver,  said  commissioner  or  his  agent  having  first  examined  said 
person  and  being  satisfied  of  his  ability  as  an  operator,  which 
examination  shall  include  a  test  of  the  knowledge  on  the  part  of 
the  said  person  of  such  portions  of  the  mechanism  of  motor  vehi- 
cles as  is  necessary,  in  order  to  insure  the  safe  operation  of  a 
vehicle  of  the  kind  or  kinds  indicated  by  the  applicant,  and  the 
said  applicant  having  demonstrated  his  ability  to  operate  a  vehicle 
of  the  class  designated;  and  the  said  commissioner  of  motor  vehi- 
cles  may,  in  his  discretion,  refuse  to  grant  a  license  to  drive  motor 
vehicles  to  any  person  who  shall,  in  the  estimation  of  said  com- 
missioner, be  an  improper  person  to  be  granted  such  a  license; 
and  the  said  commissioner  shall  have  power  to  grant  a  registration 
certificate  to  the  owner  of  any  motor  vehicle,  application  for  regis- 
tration having  properly  been  made  and  the  fee  therefor  paid,  and 
the  vehicle  being  of  a  type  that  complies  with  the  requirements  of 
tli is  act.  But  it  shall  be  lawful  for  the  said  commissioner  of  motor 
vehicles  to  refuse  registration  to  any  vehicle  that,  in  his  estima- 
tion, is  not  a  proper  vehicle  to  be  used  upon  public  roads  and  high- 
ways of  the  state. 

§  12.  The  commissioner  of  motor  vehicles  shall  have  such  powers 
and  duties  as  are  in  this  act  given  and  imposed,  and  shall  collect 
sur-li  data  with  respect  to  the  proper  restrictions  to  be  laid  upon 
motor  vehicles,  and  the  use  thereof  upon  the  public  roads,  turn- 
pikes and  thoroughfares,  as  shall  seem  to  be  for  the  public  good, 


New  Jersey.  235 

and  under  the  direction  of  the  secretary  of  state  shall  report  to 
each  legislature  the  operations  of  his  office  for  the_jear  ending  on 
the  next  preceding  thirty-first  day  of  December.  It  shall  be  his 
duty  to  attend  to  the  enforcement  of  the  provisions  of  this  act. 

§  13.  The  commissioner  of  motor  vehicles  shall  keep  a  record  of 
all  his  official  acts,  and  shall  preserve  copies  of  all  decisions,  rules 
and  orders  made  by  him,  and  shall  adopt  an  official  seal.  Copies  of 
any  act,  rule,  order  or  decision  made  by  him,  and  of  any  paper  or 
papers  filed  in  his  office,  may  be  authenticated  under  said  seal,  and 
when  so  authenticated  shall  be  evidence  equally  with  and  in  like 
manner  as  the  originals,  and  said  commissioner  shall  be  empowered 
to  communicate  with  the  police  departments  and  peace  officers  in 
the  state  for  the  purpose  of  and  with  the  object  of  the  proper 
enforcement  of  this  act. 

§  14.  Motor  vehicle  inspectors  may  be  appointed,  as  provided  in 
section  nine  of  this  act,  and  shall  be  presented  with  a  badge  in- 
dicative of  their  office,  and  when  wearing  such  badge  on  the  left 
breast  of  the  outermost  garment  shall  have  power  to  stop  any  motor 
vehicle  and  examine  the  same  to  see  that  it  complies  with  the  re- 
quirements of  this  act,  whether  in  matter  of  equipment,  identifica- 
tion or  otherwise;  to  require  the  production  of  the  license  of  the 
driver;  to  arrest,  without  warrant,  for  violations  of  this  act  com- 
mitted in  their  presence,  and  generally  to  act  as  special  officers  for 
the  enforcement  of  the  provisions  of  this  act  and  for  the  detection 
and  arrest  of  those  who  violate  or  infringe  upon  the  provisions 
hereof. 

PART   IV. 

The  operation  of  motor  vehicles. 

§  15.  No  person  shall  drive  a  motor  vehicle,  the  owner  of  which 
vehicle  shall  not  have  complied  with  the  provisions  of  this  act  con- 
cerning the  proper  registration  and  identification  of  the  same ;  nor 
shall  any  person  drive  a  motor  vehicle  which  shall  display  on  the 
front  or  back  thereof  a  fictitious  number,  or  a  number  other  than 
that  designated  for  such  motor  vehicle  in  the  New  Jersey  registra- 
tion certificate  of  such  motor  vehicle. 

§  16.  (1)  Every  resident  of  this  state  who  is  the  owner  of  an 
automobile,  and  every  non-resident  owner  whose  automobile  shall 
be  driven  in  this  state,  shall  annually  file  in  the  office  of  the  com- 
missioner of  motor  vehicles,  or  with  the  lawful  agent  of  said  com- 


236  Automobile   Enactments. 

missioner,  a  statement  in  writing,  containing  the  name  and  address 
of  such  owner,  together  with  a  brief  description  of  the  character 
of  such  automobile,  including  the  name  of  the  maker  and  the 
manufacturer's  number  of  the  automobile,  if  number  there  be,  and 
the  rated  horse-power  of  the  automobile,  and  shall  pay  annually 
to  the  commissioner  of  motor  vehicles,  or  his  lawful  agent,  a  regis- 
tration fee  of  three  dollars  for  each  motor  vehicle  having  a  rating 
of  less  than  thirty  horse-power,  and  five  dollars  for  each  motor 
vehicle  having  a  rating  of  thirty  horse-power  or  more;  and  if  an 
automobile  has  two  ratings  of  horse-power,  the  registration  fee 
shall  be  based  upon  the  highest  rating.  The  commissioner  of 
motor  vehicles  shall  issue  for  each  automobile  so  registered  a  certifi- 
cate properly  numbered,  stating  that  such  automobile  is  registered 
in  accordance  with  this  section,  and  shall  cause  the  name  of  such 
owner,  with  his  address,  the  number  of  his  certificate,  and  the 
description  of  such  automobile  or  automobiles,  to  be  entered  in 
alphabetical  order  of  the  owners'  names  in  a  book  to  be  kept  for 
that  purpose;  provided,  however,  that  the  commissioner  of  motor 
vehicles  may  refuse  registration  in  the  case  of  any  automobile  that 
shall  not  comply  with  the  requirements  of  this  act,  or  that  shall 
seem  to  him  unsuitable  for  use  on  the  public  roads  and  highways 
of  this  state.  Each  owner  having  a  residence  outside  of  the  state 
shall  file  with  the  secretary  of  state  a  duly  executed  instrument, 
constituting  the  secretary  of  state  and  his  successors  in  office  the 
true  and  lawful  attorney  upon  whom  all  original  process  in  any 
action  or  legal  proceeding  for  damages,  caused  by  the  operation 
of  his  registered  motor  vehicle  within  this  state,  against  such  owner 
may  be  served,  and  therein  shall  agree  that  any  original  process 
against  such  owner  shall  be  of  the  same  force  and  effect  as  if 
served  on  such  owner  within  this  state;  the  service  of  such  process 
shall  be  made  by  leaving  a  copy  of  "the  same  in  the  office  of  the 
secretary  of  state  with  a  service  fee  of  two  dollars  to  be  taxed  on 
the  plaintiff's  costs  of  suit.  Said  commissioner  of  motor  vehicles 
shall  forthwith  notify  such  owner  of  such  service  by  letter  directed 
to  him  at  the  post-office  address  stated  in  his  application.  Upon 
any  ;md  every  transfer  of  a  registered  automobile  by  the  owner 
thereof,  in  whose  name  the  same  is  registered,  the  said  registration 
and  certificate  thereof  shall  forthwith  be  and  become  void ;  but  the 
same  may  be  validated  by  the  endorsement  of  the  commissioner  of 
motor   vehicles,   the   purchaser   having   made   written   application 


New  Jersey.  237 

therefor  and  paid  a  transfer  fee  of  one  dollar.  Every  registration 
shall  expire  and  the  certificate  thereof  become  voig^at  the  expira- 
tion of  one  year  from  the  date  (hereof,  subject  to  renewal  by  the 
commissioner  of  motor  vehicles  upon  the  filing  of  the  proper  state- 
ment and  the  payment  of  the  registration  fee  by  the  owner  of  the 
automobile. 

(2)  Every  resident  who  is  the  owner  of  a  motor  cycle,  and  every 
non-resident  whose  motor  cycle  shall  be  driven  in  this  state,  shall 
pay  an  annual  registration  or  license  fee  of  one  dollar  for  such 
motor  cycle,  which  shall  include  the  right  of  such  person  to  drive 
such  motor  cycle  within  this  state  without 'an  examination  of  his 
ability  to  run  motor  cycle,  unless  such  an  examination  be  required 
by  the  commissioner  of  motor  vehicles;  and  such  owner  shall  be 
given  a  registration  certificate,  in  which  shall  be  designated  the 
proper  registration  number,  and  such  certificate  shall  be  valid 
for  a  term  of  one  year  from  the  date  thereof,  unless  revoked 
by  the  commissioner  of  motor  vehicles,  or  as  otherwise  provided 
by  this  act. 

(3)  Every  manufacturer  of  or  dealer  in  automobiles,  instead  of 
registering  each  automobile  owned  or  controlled  by  him,  may  make 
application,  as  hereinbefore  provided  in  this  section,  for  a  registra- 
tion number,  and  the  written  statement,  in  addition  to  the  matters 
hereinbefore  contained,  shall  state  that  he  is  a  manufacturer  or 
dealer,  as  the  case  may  be,  and  that  he  desires  to  use  a  single  num- 
ber for  all  automobiles  owned  or  controlled  by  him ;  and  thereupon 
the  commissioner  of  motor  vehicles,  if  satisfied  of  the  facts  stated 
in  said  application,  shall  issue  a  certificate,  as  hereinbefore  set 
forth,  assigning  the  same  a  number  as  hereinbefore  set  forth, 
which  certificate  shall  contain  the  statement  that  the  same  is  issued 
to  the  applicant  as  a  manufacturer  or  dealer,  as  the  case  may  be, 
and  that  one  certificate  shall  cover  and  be  valid  for  all  automobiles 
owned  or  controlled  by  such  manufacturer  or  dealer  until  sold  or 
let  for  hire,  or  loaned  for  a  period  of  not  more  than  five  successive 
days.  All  such  automobiles  shall  be  regarded  as  registered  under 
such  general  number;  provided,  and  if,  in  addition  to  the  regis- 
tration number  displayed  on  the  front  and  back  of  the  car,  as 
hereinafter  provided,  there  shall  be  added  the  letter  "  M,"  of  equal 
size  and  prominence;  and  provided,  further,  that  not  more  than 
five  automobiles,  owned  or  controlled  by  the  same  manufacturer  of 
or  dealer  in  automobiles,  shall  be  in  operation  at  the  same  time 


238  Automobile   Enactments. 

under  the  same  number.  The  fee  for  every  such  manufacturer's 
or  dealer's  certificate  shall  be  twenty  dollars. 

(4)  No  registration  or  registration  certificate  made  or  issued 
under  any  former  act  shall  be  valid  after  July  first,  nineteen  hun- 
dred and  six. 

§  17.  No  person  shall  hereafter  drive  an  automobile  upon  any 
public  street,  public  road  or  turnpike,  public  park  or  parkway,  or 
public  driveway  or  public  highway,  in  this  state  unless  licensed  to 
do  so  in  accordance  with  the  provisions  of  this  act.  No  person 
under  the  age  of  sixteen  years  shall  be  licensed  to  drive  automo- 
biles, nor  shall  any  person  be  licensed  to  drive  automobiles  until 
said  person  shall  have  passed  a  satisfactory  examination  as  to  his 
ability  as  an  operator,  which  examination  shall  include  a  test  of 
the  knowledge  on  the  part  of  said  person  of  such  portions  of  the 
mechanism  of  automobiles  as  is  necessary  in  order  to  insure  the 
safe  operation  of  a  vehicle  of  the  kind  or  kinds  indicated  by  the 
applicant.  Licenses  and  the  fees  therefor  shall  be  rated  according 
to  the  horse-power  of  automobiles  and  shall  be  granted  for  the 
period  of  one  year;  and  the  license,  for  one  year  from  the  date 
thereof,  shall  entitle  the  licensee  to  drive  any  registered  automo- 
bile of  the  class  for  which  it  is  granted,  or  of  a  class  of  a  smaller 
horse-power.  Automobiles  of  a  horse-power  not  exceeding  one 
horse-power  shall  be  rated  class  one,  and  in  like  manner  the  class 
of  every  automobile  shall  be  determined  by  the  number  of  horse- 
power of  the  vehicle,  and  the  annual  fee  for  a  license  to  drive  any 
automobile  of  a  rating  of  less  than  thirty  horse-power  shall  be  one 
dollar,  and  to  drive  any  automobile  having  a  rating  of  thirty  horse- 
power or  more  shall  be  two  dollars,  and  if  an  automobile  shall  have 
two  ratings  of  horse-power,  the  license  fee  shall  be  based  upon  the 
higher  rating.  When  an  automobile  driver,  upon  passing  a  satis- 
factory examination,  shall  have  been  once  granted  a  license  here- 
under, no  further  examinations  shall  be  required  for  a  renewal  of 
the  said  license,  unless  the  commissioner  of  automobiles  shall  deem 
it  necessary;  provided,  however,  it  shall  be  lawful  for  the  commis- 
sioner of  motor  vehicles  at  his  discretion  to  issue  to  any  person  a 
written  permit,  under  the  hand  and  seal  of  said  commissioner, 
allowing  the  said  person,  for  the  purpose  of  fitting  himself  to 
become  a  motor  vehicle  driver,  to  operate  a  motor  vehicle  for  a 
specified  period  of  not  more  than  three  weeks,  while  in  the  com- 
pany of  and   under  the  supervision   of  a  licensed  motor  vehicle 


New  Jersey.  239 

driver;  and  such  permit,  under  the  hand  :ind  seal  of  the  commis- 
sioner of  motor  vehicles,  shall  be  sufficient  license  for- the  said 
person  to  operate  a  motor  vehicle  in  this  state  during  the  period 
specified,  while  in  the  company  of  and  under  the  control  of  a 
licensed  motor  vehicle  driver  of  this  state;  and  provided,  further, 
that  the  said  person,  as  well  as  such  licensed  motor  vehicle  driver, 
shall  be  held  accountable  for  all  violations  of  this  act  committed 
by  the  said  person  while  in  the  presence  of  such  licensed  motor 
vehicle  driver. 

§  18.  Each  license  to  drive  an  automobile  shall  specify  the  maxi- 
mum horse-power  of  the  automobile  allowed  to  be  driven  there- 
under, and  shall  have  endorsed  thereon  in  the  proper  handwriting 
of  the  licensee  the  name  of  said  licensee.  And  said  licensee  when 
thereupon  requested  by  any  motor  vehicle  inspector  or  magistrate, 
while  in  the  performance  of  the  duties  of  his  office  under  this  act, 
shall  exhibit  said  license  to  said  officer  and  write  his  name  in  the 
presence  of  said  officer,  to  the  end  that  he  may  thereby  determine 
the  identity  of  said  licensee. 

§  19.  No  intoxicated  person  shall  drive  a  motor  vehicle. 

§  20.  No  person  shall  drive  a  motor  vehicle  without  the  consent 
of  the  owner. 

PART  V. 
Identification  marks  of  motor  vehicles. 

§  21.  The  owner  of  each  and  every  automobile  which  shall  be 
driven  upon  the  public  streets,  public  roads,  turnpikes,  parks,  public 
parkways,  public  driveways  or  public  highways  in  this  state  shall 
have  the  number  of  the  registration  certificate,  issued  as  in  this 
act  provided,  upon  both  the  front  and  back  of  every  such  automo- 
bile, stationary,  in  a  conspicuous  place,  the  bottom  of  which  shall 
be  at  least  fifteen  inches  and  not  more  than  thirty-six  inches  above 
the  level  of  the  ground,  kept  clear  and  distinct  and  clean  of  grease, 
dust  or  other  blurring  matter,  so  as  to  be  plainly  visible  at  all  times 
during  daylight;  such  numbers  to  be  separate  Arabic  numerals 
and  not  less  than  four  inches  in  height,  the  strokes  to  be  in  width 
not  less  than  one-half  an  inch;  and  there  shall  not  be  placed  upon 
the  front  or  rear  of  said  vehicle  any  other  numbers;  and  when 
the  number  of  the  registration  certificate  shall  include  a  letter  or 
letters,  such  letter  or  letters  are  to  be  not  less  than  four  inches  in 
height  and  the  strokes  to  be  not  less  than  one-half  an  inch  in 
width. 


24  Automobile   Enactments. 

PART   VI. 
Use  of  roads  and  highways. 

§  22.  (1)  Drivers  of  motor  vehicles,  whether  of  burthen  or  of 
pleasure,  using  any  of  the  turnpikes  or  public  roads  in  this  state, 
when  met  by  another  motor  vehicle,  or  by  a  carriage,  sleigh,  or 
sled,  shall  keep  to  the  right,  and  when  overtaken  by  another  motor 
vehicle,  carriage,  sleigh  or  sled  they  shall  likewise  keep  to  the  right, 
so  as  in  both  cases  to  permit  such  motor  vehicle,  carriage,  sleigh 
or  sled,  either  met  or  overtaken,  to  pass  uninterrupted. 

(2)  No  owner  or  purchaser  or  driver  of  a  motor  vehicle  who  shall 
have  complied  with  the  requirements  and  provisions  of  this  act 
shall  be  required  to  obtain  any  other  license  or  permit  to  use  or 
operate  the  same,  nor  shall  such  owner  or  purchaser  or  driver  be 
excluded  or  prohibited  from  or  limited  in  the  free  use  thereof,  nor 
limited  as  to  speed  upon  any  public  street,  avenue,  road,  turnpike, 
driveway,  parkway  or  other  public  place,  at  any  time,  when  the 
same  is  or  may  hereafter  be  opened  to  the  use  of  persons  having  or 
using  other  carriages,  nor  be  required  to  comply  with  other  pro- 
visions or  conditions  as  to  the  use  of  said  motor  vehicle,  except  as 
in  this  act  provided;  provided,  however,  that  nothing  in  this  sec- 
tion contained  shall  be  construed  to  apply  to  or  include  any  speed- 
way created  and  maintained  in  pursuance  of  an  act  of  the  legis- 
lature of  the  state  of  New  Jersey  entitled  "  An  act  to  provide  for 
the  construction  and  maintenance  of  speedways  in  the  counties  of 
this  state,"  approved  March  nineteenth,  one  thousand  nine  hun- 
dred and  two;  nor  to  any  parks  or  parkways  created  and  main- 
tained in  accordance  with  an  act  of  the  legislature  of  the  state 
of  New  Jersey  entitled  "  An  act  to  establish  public  parks  in  the 
counties  of  this  state  and  to  provide  for  the  acquirement,  improve- 
ment and  regulation  of  the  same,"  approved  March  twentieth,  one 
thousand,  nine  hundred  and  one.    No  city,  town,  township,  borough 
or  other  municipality  shall  have  power  to  make  any  ordinance, 
by-law  or   resolution   limiting  or  restricting  the  use  or  speed  of 
motor  vehicles,  and  no  ordinance,  by-law  or  resolution  heretofore 
or  hereafter  made  by  any  city,  town,  township,  borough  or  other 
municipal  or  local  authority  by  whatever  name  known  or  desig- 
nator! in  respect  to  or  limiting  the  use  or  speed  of  motor  vehicles 
shall  have  any  force,  effect  or  validity. 

(3)  No  person  shall  drive  a  motor  vehicle  upon  any  public  street, 


New  Jersey.  241 

public  highway,  public  road,  public  parkway,  turnpike  01    public 
driveway  in  this  state  in  a  race  or  on  a  bet  or  wager.  ^ 

(4)  Every  driver  of  a  motor  vehicle  after  knowingly  causing  an 
accident  by  collision  or  othewise  injuring  any  person,  horse  or 
vehicle  shall  forthwith  bring  his  motor  vehicle  to  a  full  stop, 
return  to  the  scene  of  accident  and  give  to  any  person  demanding 
the  same  his  name,  the  number  of  his  driver's  license  and  the 
registration  number  of  the  motor  vehicle,  and  the  names  and  resi- 
dences of  each  and  every  male  occupant  of  said  motor  vehicle. 

PART  VII. 

Provisions  concerning  safety  of  traffic. 

§  23.  The  following  rates  of  speed  may  be  maintained,  but  shall 
not  be  exceeded,  upon  any  public  street,  public  road  or  turnpike, 
public  park  or  parkway,  or  public  driveway,  or  public  highway,  in 
this  state  by  anyone  driving  a  motor  vehicle. 

(1)  A  speed  of  one  mile  in  seven  minutes  upon  the  sharp  curves 
of  a  street,  or  highway  or  when  turning  a  corner,  and  a  speed  of 
one  mitein  four  minutes  at  the  junction  or  intersection  of  a  promi- 
nent crossroad  where  such  a  street,  road  or  highway  passes 
through  the'  open  country.  The  term  "  open  country  "  meaning 
where  houses  are  an  average  more  than  one  hundred  feet  apart. 

(2)  A  speed  of  one  mile  in  five  minutes  where  such  street  or 
highway  passes  through  the  built-up  portion  of  a  city,  town,  town- 
ship, borough  or  village  where  the  houses  are  an  average  less  than 
one  hundred  feet  apart. 

(3)  A  speed  of  one  mile  in  four  minutes  within  two  hundred 
feet  of  any  horse  or  other  beast  of  draught  or  burden  upon  the 
same  street  or  highway;  provided,  however,  that  such  speed,  not 
exceeding  twenty  miles  per  hour,  shall  be  lawful  in  the  open 
country,  as  may  be  necessary  in  order  to  pass  a  vehicle  traveling 
in  the  same  direction,  but  the  speed  shall  be  diminished  forthwith 
if  necessary  to  comply  with  the  provisions  of  this  act. 

(4)  Elsewhere  and  except  as  otherwise  provided  in  subdivisions 
one,  two  and  three  of  this  section  a  speed  of  one  mile  in  three 
minutes;  provided,  however,  that  nothing  in  this  section  contained 
shall  permit  any  person  to  drive  a  motor  vehicle  at  any  speed 
greater  than  is  reasonable,  having  regard  to  the  traffic  and  use  of 
highways,  or  so  as  to  endanger  the  life  or  limb  or  to  injure  the 

16 


242  Automobile   Enactments. 

property  of  any  person;  and  it  is  further  provided,  that  nothing 
in  this  section  contained  shaU  affect  the  right  of  any  person  in- 
jured, either  in  his  person  or  property,  by  the  negligent  operation 
of  a  motor  vehicle  to  sue  and  recover  damages  as  heretofore;  and 
provided  further,  that  the  foregoing  provisions  concerning  the 
speed  of  motor  vehicles  shall  not  apply  to  any  speedway  built  and 
maintained  for  the  exclusive  use  of  motor  vehicles,  if  the  said 
speedway  at  no  point  crosses  any  public  street,  avenue,  road,  turn- 
pike, driveway  or  other  public  thoroughfare  or  any  railroad  or 
railway  at  grade,  the  said  speedway  having  been  constructed  with 
the  permission  of  the  commissioners  or  the  board  of  freeholders, 
as  the  case  may  be,  of  the  county  or  counties  in  which  said  speed- 
way shall  be  located;  and  provided  further,  that  every  person  driv- 
ing a  motor  vehicle  shall,  at  request  or  upon  signal  by  putting  up 
the  hand  or  otherwise  from  a  person  riding  or  driving  a  horse  or 
horses  in  the  opposite  direction,  cause  the  motor  vehicle  to  stop 
and  remain  stationary  so  long  as  may  be  necessary  to  allow  said 
horse  or  horses  to  pass. 

§  24.  If  a  physician  shall  have  his  motor  vehicle  stopped  for  ex- 
ceeding the  speed  limit  while  he  is  in  the  act  of  responding  to  an 
emergency  call,  the  registration  number  of  the  vehicle  and  the 
driver's  license  number  may  be  inspected  and  noted,  and  the  physi- 
cian shall  then  be  allowed  to  proceed  in  the  vehicle  to  his  destina- 
tion, and  subsequently  such  proceedings  may  be  taken  as  would 
have  been  proper  had  the  person  violating  the  provisions  as  to 
speed  not  been  a  physician. 

§  25.  Motor  vehicles  belonging  to  the  military  establishment, 
while  in  use  for  official  purposes  in  time  of  riot,  insurrection  or 
invasion,  are  exempt  from  the  provisions  of  this  act  pertaining  to 
speed. 

PART  VIII. 

Proceedings. 

§  26.  (1)  A  complaint  haviner  been  made  in  writing  and  duly 
verified,  that  any  person  has  violated  any  of  the  provisions  of  this- 
act,  any  magistrate  of  the  county,  or  recorder  or  police  magistrate 
of  any  municipality,  in  which  the  offense  is  committed  may,  within 
thirty  days  after  the  commission  of  said  offense,  issue  either  a 
summons  or  a  warrant  directed  to  any  constable,  police  officer,  the 
inspector  of  motor  vehicles  or  the  commissioner  of  motor  vehicles 


New  Jersey.  243 

of  this  state,  for  the  appearance  or  arrest  of  the  person  so  charged ; 
and  the  magistrate  shall  state  what  section  or  provision  of  this  act 
has  been  violated  by  the  defendant,  and  the  time,  place  and  nature 
of  said  violation,  and  upon  the  return  of  said  summons  or  warrant 
the  said  magistrate  shall  proceed,  in  a  summary  way,  to  hear  and 
determine  the  guilt  or  innocence  of  such  person,  and,  upon  con- 
viction, may  impose  upon  the  person  so  convicted  the  penalty,  by 
this  act  prescribed,  together  with  the  costs  of  prosecution  for  such 
offense. 

(2)  Such  magistrate,  upon  receiving  complaint  in  writing,  duly 
verified,  of  the  violation  of  any  provision  of  this  act  by  any  cor- 
poration, is  hereby  authorized  and  required  to  issue  a  summons 
directed  to  any  constable,  police  officer,  inspector  of  motor  vehicles, 
or  the  commissioner  of  motor  vehicles,  of  this  state,  requiring  such 
corporation  to  be  and  appear  before  said  magistrate  on  a  day 
therein  named,  to  answer  to  said  complaint,  which  said  summons 
shall  be  served  on  the  president,  vice-president,  secretary,  superin- 
tendent or  manager  of  such  corporation,  or  the  agent  upon  whom 
other  process  against  it  may  be  served,  at  least  five  days  before  the 
time  of  appearance  mentioned  therein,  and  thereafter  all  proceed- 
ings shall  be  the  same  as  against  individuals,  except  where  a 
different  procedure  is  provided  by  this  act. 

§  27.  Any  hearing  to  be  held  pursuant  to  this  act  shall,  on 
the  request  of  the  defendant,  be  adjourned  for  a  period  not 
exceeding  thirty  days  from  the  return  day  named  in  any 
summons,  or  from  the  return  of  any  warrant,  or  from  the 
date  of  any  arrest  without  warrant,  as  the  case  may  be, 
but  in  such  case  it  shall  be  the  duty  of  the  magistrate  to 
detain  the  defendant  in  safe  custody,  unless  he  shall  make 
a  cash  deposit  or  enter  into  a  bond  to  the  state  of  New  Jersey, 
with  at.  least  one  sufficient  surety,  (unless  said  defendant  shall 
himself  qualify  and  justify,  in  real  estate  security  situate  in 
this  state  in  twice  the  amount  fixed  by  said  magistrate  for  bond 
with  a  surety),  to  or  in  an  amount  not  exceeding  five  hundred  dol- 
lars conditioned  for  his  appearance  on  the  day  to  which  the  hear- 
ing may  be  adjourned,  and  thence  from  day  to  day,  until  the  case 
is  disposed  of;  and  such  bond,  if  forfeited,  may  be  prosecuted  by 
the  commissioner  of  motor  vehicles  in  any  court  of  competent 
jurisdiction;  and  such  cash  deposit,  if  forfeited,  shall  be  paid  to 
said  commissioner  of  motor  vehicles  by  said  magistrate  with  whom 


244  Automobile    Enactments. 

the  same  shall  have  been  deposited,  to  be  by  said  commissioner  dis- 
posed of  as.  are  other  moneys  coming  to  his  hands  under  the  pro- 
visions of  section  thirty-seven  of  this  act;  provided,  however,  that 
in  lieu  of  said  bond  or  cash  deposit  the  person  under  arrest  may 
leave  with  the  magistrate  the  motor  vehicle  owned  or  driven  by 
the  said  person. 

§  28.  The  defendant  in  any  proceeding  instituted  under  this 
act,  may  appeal  from  the  judgment  or  sentence  of  the  magistrate 
to  the  court  of  common  pleas  of  the  county  in  which  such  proceed- 
ing shall  have  taken  place;  provided,  the  said  defendant  shall, 
within  ten  days  after  the  date  of  said  judgment  deliver  to  the 
magistrate  a  bond  to  the  state  of  New  Jersey,  with  at'  least  one 
sufficient  surety  or  make  a  cash  deposit  with  him  of  such  amount 
as  the  magistrate  shall  direct,  not  exceeding  the  amount  of  five 
hundred  dollars,  (unless  said  defendant  can  himself  qualify  and 
justify  in  real  estate  security  in  this  state  in  twice  said  amount), 
conditioned  to  stand  to  and  abide  by  such  further  order  or  judg- 
ment as  may  thereafter  be  made  against  said  party;  and  provided 
further,  that  if  the  said  magistrate  shall  have  imposed  a  sentence 
of  imprisonment,  the  defendant,  if  he  does  not  duly  appeal,  shall 
be  imprisoned  forthwith  upon  the  imposing  of  said  sentence;  but 
that  an  appeal  properly  taken  in  accordance  with  the  provisions 
of  this  act  shall  be  a  stay  of  and  upon  the  enforcement  of  a  sen- 
tence of  imprisonment,  whether  the  execution  of  such  sentence  shall 
have  been  entered  upon  or  not,  as  well  as  of  such  other  judgment 
as  may  be  pronounced;  and  provided  further,  that  in  lieu  of  the 
appeal  bond  in  this  section  specified,  and  of  the  cash  deposit 
therein  provided  for,  the  defendant  may  leave  with  the  magistrate 
the  motor  vehicle  owned  or  operated  by  the  said  defendant;  and 
provide!  further,  that  if  said  defendant  shall,  after  the  rendition 
of  said  judgment  or  sentence,  announce  to  said  magistrate  his 
intention  to  appeal  therefrom,  and  either  give  the  bond,  make  the 
deposil  <>r  leave  the  motor  vehicle  as  herein  provided,  ho  shall  have 
ten  days  from  the  date  of  the  rendition  of  said  judgment  or  sen- 
tence within  which  to  complete  his  appeal,  during  which  said  ten 
days  the  executon  of  whatever  sentence  or  judgment  shall  have 
been  rendered,  whether  of  imprisonment  or  fine,  shall  be  stayed, 
and  in  case  said  defendant  shall  fail  to  complete  his  appeal  within 
said  ten  days,  the  like  proceedings  may  be  had  as  would  by  the 
provisions  of  this  act  follow  an  appeal  taken  and  a  judgment  of 
affirmance  thereupon. 


New  Jersey.  245 

§  29.  Whenever  an  appeal  shall  he  taken  as  aforesaid,  it  shall 
be  the  duty  of  the  magistrate  to  send  all  papers,  and  all  money, 
if  any,  deposited  according  to  the  provisions  of  this  act,  and  all 
money  paid  for  costs  of  prosecution,  together  with  a  transcript 
of  the  proceedings  in  the  case,  to  the  next  court  of  common  pleas, 
of  the  said  county,  which  court  shall,  de  novo,  and  in  a  summary 
way,  try  and  determine  all  such  appeals,  and  in  case  the  judgment 
or  sentence  of  the  magistrate  shall  be  reversed  on  such  appeal,  the 
said  common  pleas  court  shall  order  the  return  of  all  money  de- 
posited as  aforesaid,  and  all  costs  of  prosecution  paid  by  said 
defendant  to  said  defendant. 

§  30.  Proceedings  under  this  act  may  be  instituted  on  any  day 
of  the  week,  and  the  institution  of  such  proceedings  on  Sunday 
shall  be  no  bar  to  the  successful  prosecution  of  the  same;  and 
any  process  served  on  Sunday  shall  be  as  valid  as  if  served  on 
any  other  day  of  the  week. 

§  31.  All  proceedings  for  the  violation  of  the  provisions  of  this 
act  shall  be  entitled  and  shall  run  in  the  name  of  the  state  of  New 
Jersey,  with  the  commissioner  of  motor  vehicles  or  a  motor  vehicle 
inspector,  or  a  police  officer,  or  a  constable,  or  such  other  person 
as  shall  by  complaint  institute  the  proceedings  as  prosecutor;  and 
any  magistrate  may,  at  his  discretion,  refuse  to  issue  a  warrant 
on  the  complaint  of  any  person  other  than  the  commissioner  of 
motor  vehicles  or  a  motor  vehicle  inspector,  until  a  sufficient  bond 
to  secure  costs  shall  have  been  executed  and  delivered  to  the  said 
magistrate. 

§  32.  (1)  Any  constable,  or  police  officer,  or  motor  vehicle  in- 
spector or  the  commissioner  of  motor  vehicles  is  hereby  authorized 
to  arrest  without  warrant  any  person  violating  in  the  presence  of 
such  constable,  or  police  officer  or  motor  vehicle  inspector  or  the 
commissioner  of  motor  vehicles  any  of  the  provisions  of  this  act, 
and  to  bring  the  defendant  before  any  magistrate  of  the  county 
where  such  offense  is  committed.  The  person  so  offending  shall 
be  detained  in  the  office  of  the  magistrate  until  the  officer  making 
such  arrest  shall  make  oath  or  affirmation,  wdiich  he  shall  do  forth- 
with, declaring  that  the  person  under  arrest  has  violated  one  rr 
more  of  the  provisions  of  this  act,  and  specifying  the  provision  or 
provisions  violated,  whereupon  said  magistrate  shall  issue  a  war- 
rant returnable  forthwith,  and  the  said  magistrate  shall  proceed 
summarily  to  hear  or  postpone  the  case  as  provided  in  sections 
twenty-six  and  twenty-seven  of  this  act. 


246  Automobile   Enactments. 

(2)  Any  person  arrested  for  a  violation  of  any  of  the  provisions 
of  this  act  shall  upon  demand  of  the  magistrate  hearing  the  com- 
plaint  against  said  person,  produce  his  license  for  inspection,  and 
it  Baid  person  shall  fail  to  produce  his  license,  or  to  give  a  satis- 
factory excuse  for  its  non-production,  he  shall,  in  addition  to  any 
other  penalties  imposed  hy  said  magistrate,  be  subject  to  a  fine  of 
not  more  than  twenty-five  dollars. 

§  33.  A  summons  or  warrant  issued  by  any  magistrate  in  ac- 
cordance with  the  provisions  of  this  act,  shall  be  valid  throughout 
the  state,  and  any  officer  who  has  power  to  serve  the  said  summons 
or  to  serve  said  warrant  and  make  arrest  thereon  in  the  county 
where  the  same  shall  have  been  issued,  shall  have  like  power  to 
serve  said  summons  and  to  serve  said  warrant  and  make  arrest 
thereon  in  any  of  the  several  counties  of  this  state.  If  any  person 
shall  be  arrested  for  a  violation  committed  in  a  county  other  than 
that  in  which  the  arrest  shall  take  place,  the  person  so  arrested 
may  demand  to  be  taken  before  a  magistrate  of  the  county  in 
which  the  arrest  may  have  been  made  for  the  purpose  of  making 
a  cash  deposit,  or  of  entering  into  a  recognizance  with  sufficient 
surety;  whereupon  the  officer  serving  the  said  warrant  shall  take 
the  person  so  apprehended  before  a  magistrate  of  the  county  in 
which  the  arrest  shall  have  been  made,  who  shall  thereupon  fix  a 
day  for  the  matter  to  be  heard  before  the  magistrate  issuing  the 
said  wararnt,  and  shall  take  from  the  person  apprehended  a  cash 
deposit  or  recognizance  to  the  state  of  New  Jersey  with  sufficient 
surety  or  sureties  for  the  appearance  of  the  said  person  at  the  time 
and  place  designated  in  accordance  with  the  provisions  of  section 
twenty-seven  of  this  act ;  the  cash  deposit  or  recognizance  so  taken 
shall  be  returned  to  the  magistrate  issuing  the  warrant,  to  be  re- 
tained and  disposed  of  by  him  as  by  this  act  provided. 

§  34.  The  same  fees  shall  be  allowed  the  magistrate  and  officers 
making  an  arrest  or  serving  a  summons  in  proceedings  under  this 
act  as  are  allowed  for  like  services  in  the  small  cause  court  and 
shall  be  paid  by  the  defendant  if  the  defendant  be  found  guilty  of 
the  charge  laid  against  him,  but  if,  on  appeal,  said  judgment  be 
reversed,  said  costs  shall  be  repaid  to  said  defendant  as  herein- 
before provided.  If  the  defendant  be  found  not  guilty  of  the 
chargf  or  charges  laid  against  him,  then  the  costs  must  be  paid 
by  the  prosecutor,  except  that  when  in  such  instances  the  commis- 


New  Jersey.  247 

sioner  of  motor  vehicles  or  the  inspector  of  motor  vehicles,  shall 
have  been  prosecutor,  then  the  costs  laid  upon  the  prosecutor  shall 
be  paid  by  the  commissioner  of  motor  vehicles  from  the  moneys 
remaining  in  his  hands  from  the  payment  of  registration  fees, 
license  fees  or  otherwise.  In  case  of  the  reversal  of  any  judgment 
on  appeal  the  costs  of  the  magistrate  and  on  appeal  shall  be  borne 
and  paid  by  the  unsuccessful  party. 

PART   IX. 
Punishments  and  penalties. 

§  35  Any  person  who  shall  be  convicted  of  violating  the  pro- 
visions of  sections  fifteen  and  twenty-one  of  this  act  shall  be  sub- 
ject to  a  fine  not  exceeding  one  hundred  dollars;  in  default  of  the 
payment  of  such  fine  there  shall  be  imposed  an  imprisonment  in 
the  county  jail  for  a  period  not  exceeding  ten  days;  provided,  that 
any  offender  who  shall  be  convicted  of  a  second  offense  of  the  same 
violation  may  be  fined  in  double  the  amount  herein  prescribed  for 
the  first  offense,  and  may,  in  default  of  the  payment  thereof,  be 
punished  by  imprisonment  in  the  county  jail  for  a  period  not 
exceeding  twenty  days;  provided,  further,  that  the  penalties  above 
prescribed  shall  not  apply  to  the  display  of  a  fictitious  number. 

Any  person  convicted  of  displaying  a  fictitious  number  as  pro- 
hibited by  section  fifteen,  or  of  violating  the  provisions  of  sec- 
tions seventeen,  nineteen  or  twenty  of  this  act,  shall  be  subject  to 
a  fine  not  exceeding  five  hundred  dollars,  or  to  imprisonment  in 
the  county  jail  for  a  period  not  exceeding  sixty  days. 

Any  person  who  shall  be  convicted  of  a  violation  of  subdivision 
four  of  section  twenty-two  of  this  act,  shall  be  subject  to  a  fine 
not  exceeding  two  hundred  and  fifty  dollars,  or  to  imprisonment 
in  the  county  jail  for  a  period  not  exceeding  thirty  days. 

Any  person  who  shall  be  convicted  of  the  violation  of  section 
sixteen  of  this  act  shall  be  subject  to  a  fine  not  exceeding  one  hun- 
dred dollars. 

Any  person  who  shall  be  convicted  of  the  violation  of  subdivision 
three  of  section  twenty-two,  or  of  section  twenty-three  of  this  act, 
shall  for  the  first  offense  be  subject  to  a  fine  not  exceeding  one 
hundred  dollars;  in  default  of  the  payment  of  such  fine  there  shall 
be  imposed  an  imprisonment  in  the  county  jail  for  a  period  not 
exceeding  ten  days;  provided,  that  any  offender  who  shall  be  con- 


248  Automobile   Enactments. 

victed  of  a  second  or  any  subsequent  offense  of  the  same  violation 
may  be  fined  in  double  the  amount  herein  prescribed  for  the  first 
offense,  or  imprisoned  in  the  county  jail  for  a  period  not  exceeding 
twenty  days,  and  in  addition  to  such  penalties  the  license  of  said 
offender  shall  be  revoked;  provided  further,  that  nothing  herein 
contained  shall  prevent  a  revocation  of  license  for  the  first  offense, 
or  for  the  violation  of  any  other  provision  of  this  act. 

Any  person  who  shall  be  convicted  of  violating  any  of  the  fol- 
lowing-named provisions  of  this  act  shall  be  subject  to  the  penalties 
herein  specified : 

Of  sections  three,  four  or  eighteen,  a  fine  not  exceeding  ten  dol- 
lars. 

Of  section  six  a  fine  not  exceeding  fifty  dollars. 

Of  subdivision  one  of  section  twenty-two  a  fine  not  exceeding 
twenty-five  dollars. 

§  36.  It  shall  be  lawful  for  a  magistrate  before  whom  any  hear- 
ing under  this  act  shall  be  had,  to  revoke  the  license  of  any  person 
to  drive  motor  vehicles  when  such  person  shall  have  been  guilty 
of  such  willful  violation  of  the  provision  of  this  act  as  shall  in  the 
discretion  of  the  said  magistrate  justify  such  revocation,  but  an 
appeal  of  the  matter  to  the  court  of  common  pleas  shall  act  as  a 
stay  upon  the  said  revocation,  and  the  court  of  common  pleas  upon 
the  appeal  of  the  said  matter  shall  have  the  power  to  void  the  said 
revocation ;  and  the  commissioner  of  motor  vehicles  shall  at  all 
times  have  the  power  to  validate  a  license  that  has  been  revoked, 
or  to  grant  a  new  license  to  any  person  whose  license  to  drive 
motor  vehicles  shall  have  been  revoked. 

It  shall  be  lawful  for  the  justice  of  the  supreme  court  holding 
the  circuit  in  each  of  the  counties  of  this  state,  upon  application 
made  to  him  by  a  verified  petition  for  that  purpose  by  any  person 
against  whom  a  judgment  or  sentence  for  the  violation  of  any  of 
the  provisions  of  this  act  shall  have  been  rendered,  who  may  desire 
to  have  the  legality  of  his  conviction  reviewed  or  the  reasonableness 
of  the  sentence  or  penalty  imposed,  to  order  the  said  complaint, 
process,  proceedings,  evidence  and  record  a  conviction  to  be  forth- 
with brought  before  him,  that  the  legality  of  such  proceedings  and 
sentence,  or  judgment,  or  the  reasonableness  of  the  sentence  or 
penalty  may  be  summarily  reviewed  and  determined;  and  if  such 
proceedings  and  sentence  or  judgment  shall  thereupon  be  found 
to  be  illegal,  or  the  sentence  or  penalty  be  unreasonable,  forthwith  to 


New  Jersey.  i>49 

set  aside  the  same  and  to  order  the  remission  or  reduction  of  any 
fine  ;uk1  costs  that  may  have  been  imposed  or  the  discharge  of  any 
offender  from  custody. 

PART  X. 
Miscellaneous. 

§  37.  Moneys  received  in  accordance  with  the  provisions  of  this 
act,  whether  from  fines,  penalties,  registration  fees,  license  fees  or 
otherwise,  shall  be  accounted  for  and  forwarded  to  the  commis- 
sioner of  motor  vehicles,  and  by  him  paid  over  to  the  treasurer  of 
the  state  of  New  Jersey  to  be  appropriated  annually  to  the  com- 
missioner of  public  roads,  to  be  used  as  a  fund  for  the  repair  of 
the  improved  roads  throughout  the  state,  and  to  be  by  the  said 
commissioner  apportioned  once  each  year  among  the  several 
counties  of  this  state  according  to  the  mileage  of  improved  roads 
in  each  county,  the  share  apportioned  each  county  to  be  used  for 
the  repair  of  improved  roads  in  that  county  under  the  direction 
of  the  commissioner  of  public  roads  or  his  authorized  representa- 
tives, and  to  be  paid  in  the  same  manner  as  state  funds  are  paid 
for  the  improvement  of  public  roads  under  the  act  entitled  "  An 
act  to  provide  for  the  permanent  improvement  of  public  roads  in 
this  state." 

§  38.  The  commissioner  of  public  roads  shall  be  authorized,  and 
full  power  and  authority  are  hereby  given  to  him  to  have  erected 
at  such  points  throughout  the  state  as  to  him  shall  seem  necessary, 
cautionary  warnings  of  dangerous  crossings,  steep  declivities  or 
other  irregularities  or  perils  of  the  roadway,  at  a  cost,  however, 
not  to  exceed,  in  the  aggregate,  three  thousand  dollars. 

§  39.  When  any  motor  vehicle  shall  have  been  deposited  under 
this  act  in  lieu  of  bond,  this  said  motor  vehicle  shall  be  held  the 
property  of  the  state  of  New  Jersey,  subject  to  the  same  conditions 
as  would  govern  the  bond  under  like  circumstances,  and  may  be 
redeemed  by  the  person  depositing  the  same  upon  delivery  of  the 
requisite  bond  or  upon  paying  such  fine  and  submitting  to  such 
penalty  as  may  be  imposed;  and  unless  the  motor  vehicle  so  de- 
posited in  lieu  of  bond  shall  be  redeemed  within  ten  days  next 
following  the  date  of  the  final  determination  of  the  matter,  it  shall 
be  lawful  for  the  commissioner  of  motor  vehicles  to  sell  the  same 
at  public  auction  and  apply  the  net  proceeds  of  said  sale  (the  ex- 


250  Automobile   Enactments. 

penses  of  the  matter  having  been  deducted),  as  set  forth  in  section 
thirty-seven  hereof. 

§  40.  In  case  for  any  reason  any  section  or  any  provision  of  this 
act  shall  be  questioned  in  any  court,  and  shall  be  held  to  be  un- 
constitutional or  invalid,  the  same  shall  not  be  held  to  affect  any 
other  section  or  provision  of  this  act. 

§  41.  This  act  shall  take  effect  on  July  first,  one  thousand  nine 
hundred  and  six;  provided,  however,  that  the  organization  of  the 
department  of  motor  vehicle  registration  and  regulation  shall  be 
effected  forthwith,  and  the  registration  of  motor  vehicles  and 
licensing  of  drivers  hereunder  may  be  permitted  for  the  conven- 
ience of  owners  and  drivers  of  motor  vehicles  at  such  date  earlier 
than  the  said  July  first,  one  thousand  nine  hundred  and  six,  as  the 
commissioner  of  motor  vehicles  may  designate. 

§  42.  Nothing  in  this  act  shall  be  construed  to  give  jurisdiction 
to  justices  of  the  peace  in  any  city  having  a  police  justice  or  re- 
corder's court. 

§  43.  All  acts  and  parts  of  acts  contrary  to  and  inconsistent 
herewith  are  hereby  repealed. 


NEW  YORK. 

Short  title. 

Skc.  1.  Subdivision  1.  The  short  title  of  this  act  shall  be  the 
"  Motor  Vehicle  Law."  Except  as  otherwise  herein  provided,  it 
shall  be  controlling,  (1)  upon  the  registration  and  numbering  of 
motor  vehicles  and  chauffeurs,  (2)  on  their  use  of  the  public  high- 
ways, and  (3)  on  the  penalties  for  the  violation  of  any  of  the  pro- 
visions of  this  act. 

Definitions. 

Subd.  2.  The  words  and  phrases  used  in  this  act  shall,  for  the 
purposes  of  this  act,  unless  the  same  be  contrary  to  or  inconsistent 
with  the  context,  be  construed  as  follows :  (1)  "  Motor  vehicle"  shall 
include  all  vehicles  propelled  by  any  power  other  than  muscular 
power,  excepting  such  motor  vehicles  as  run  only  upon  rails  or 
tracks,  provided  that  nothing  herein  contained  shall,  except  as 
provided  by  subdivision  four  of  section  three  of  this  act,  apply  to 
motor  cycles,  motor  bicycles,  traction  engines  or  road  rollers;  (2) 
"  public  highways  "  shall  include  any  highway,  county  road,  state 
road,  public  street,  avenue,  alley,  park,  parkway,  driveway  or  public 
place  in  any  city,  village  or  town;  (3)  "closely  built  up"  shall 
mean,  (a)  the  territory  of  a  city,  village  or  town  contiguous  to  a 
public  highway  which  is  at  that  point  built  up  with  structures 
devoted  to  business,  (b)  the  territory  of  a  city,  village  or  town  con- 
tiguous to  a  public  highway  not  devoted  to  business,  where  for  not 
less  than  one-quarter  of  a  mile  the  dwelling  houses  on  such  highway 
average  less  than  one  hundred  feet  apart,  and  also  (c)  the  terri- 
tory outside  of  a  city  or  village  contiguous  to  a  public  highway 
within  a  distance  of  one-half  mile  from  any  post-office,  provided 
that  for  a  distance  of  at  least  one-quarter  of  a  mile  within  such 
limits  the  dwelling  houses  on  such  highway  average  less  than  one 
hundred  feet  apart,  and  provided  further  that  the  local  authorities 
having  charge  of  such  highway  shall  have  placed  conspicuously 
thereon  signs  of  sufficient  size  to  be  easily  readable  by  a  person 

[251] 


252  Automobile   Enactments. 

using  the  highway,  bearing  the  words  "  Slow  down  to  ten  miles," 
and  also  an  arrow  pointing  in  the  direction  where  the  speed  is  to 
be  reduced;  (4)  "local  authorities"  shall  include  all  officers  of 
counties,  boroughs,  cities,  villages  or  towns,  as  well  as  all  boards, 
committees,  and  other  public  officials  of  such  counties,  boroughs, 
cities,  villages  or  towns;  (5)  "chauffeur"  shall  mean  any  person 
operating  a  motor  vehicle  as  mechanic,  employee  or  for  hire. 

Filing  statement. 

§  2.  Subdivision  1.  Evern  person  hereafter  acquiring  a  motor 
vehicle  shall,  for  every  vehicle  owned  by  him,  file  in  the  office  of  the 
secretary  of  state  a  statement  of  his  name  and  address,  with  a  brief 
description  of  the  vehicle  to  be  registered,  including  the  name  of 
the  maker,  factory  number,  style  of  vehicle  and  motor  power,  on 
a  blank  to  be  prepared  and  furnished  by  such  secretary  for  that 
purpose;  the  filing  fee  shall  be  two  dollars. 

Registration  and  record. 

Subd.  2.  The  secretary  of  state  shall  thereupon  file  such  state- 
ment in  his  office,  register  such  motor  vehicle  in  a  book  or  index 
to  be  kept  for  that  purpose,  and  assign  it  a  distinctive  number. 

Registration  seal. 

Subd.  3.  The  secretary  of  state  shall  forthwith  on  such  regis- 
tration, and  without  other  fee,  issue  and  deliver  to  the  owner  of 
such  motor  vehicle  a  seal  of  aluminum  or  other  suitable  metal, 
which  shall  be  circular  in  form,  approximately  two  inches  in 
diameter,  and  have  stamped  thereon  the  words  "  Registered  Motor 
Vehicle,  No.  ,  New  York  Motor  Vehicle  Law,"  with  the  regis- 
tration number  inserted  therein ;  which  seal  shall  thereafter  at  all 
times  be  conspicuously  displayed  on  the  motor  vehicle,  to  which 
such  number  has  been  assigned. 

Owners  previously  registered. 

Subd.  4.  If  the  vehicle  has  been  previously  registered,  the  certifi- 
cate issued  thereon  shall  be  returned  to  the  secretary  of  state  and 
in  lieu  thereof  such  secretary  shall  issue  to  said  owner  a  registra 
tion  seal  containing  the  number  of  such  previous  registration  upon 
payment  of  a  fee  of  one  dollar.  Upon  the  sale  of  a  motor  vehicle 
the  vendor,  except  a  manufacturer  or  dealer,  shall,  within  ten  days 


New  York.  253 

return  to  the  secretary  of  state  the  registration  seal  affixed  to  such 
vehicle.  _+- 

Display  of  registration  number. 

Subd.  5.  Every  motor  vehicle  shall  also  at  all  times  have  the 
number  assigned  to  it  by  the  secretary  of  state  displayed  on  the 
back  of  such  vehicle  in  such  manner  as  to  be  plainly  visible,  the 
numbers  to  be  in  Arabic  numerals,  black  on  white  ground,  each 
not  less  than  three  inches  in  height,  and  each  stroke  to  be  of  a 
width  not  less  than  half  an  inch,  and  also  as  a  part  of  such  num- 
ber the  initial  letters  of  the  state  in  black  on  white  ground,  such 
letters  to  be  not  less  than  one  inch  in  height. 

Registration  by  manufacturers  or  dealers. 

Subd.  6.  A  manufacturer  of  or  dealer  in  motor  vehicles  shall 
register  one  vehicle  of  each  style  or  type  manufactured  or  dealt 
in  by  him,  and  be  entitled  to  as  many  duplicate  registration  seals 
for  each  type  or  style  so  manufactured  or  dealt  in  as  he  may  desire 
on  payment  of  an  additional  fee  of  fifty  cents  for  each  duplicate 
seal.  If  a  registration  seal  and  the  corresponding  number  shall 
thereafter  be  affixed  to  and  displayed  on  every  vehicle  of  such  type 
or  style  as  in  this  section  provided,  while  such  vehicle  is  being 
operated  on  the  public  highways,  it  shall  be  deemed  a  sufficient 
compliance  with  subdivisions  one,  three,  five,  and  eight  of  this 
section,  until  such  vehicle  shall  be  sold  or  let  for  hire.  Nothing 
in  this  subdivision  shall  be  construed  to  apply  to  a  motor  vehicle 
employed  by  a  manufacturer  or  dealer  for  private  use  or  for  hire. 

Fictitious  seal  or  number. 

Subd.  7.  No  motor  vehicle  shall  be  used  or  operated  upon  the 
public  highways  after  thirty  days  after  this  act  takes  effect  which 
shall  display  thereon  a  registration  seal  or  number  belonging  to 
any  other  vehicle,  or  a  fictitious  registration  seal  or  number. 

Unregistered  vehicle  not  to  be  operated. 

Subd.  8.  No  motor  vehicle  shall  be  used  or  operated  upon  the  pub- 
lic highways  after  thirty  days  after  this  act  takes  effect,  unless  the 
owner  shall  have  complied  in  all  respects  with  this  section,  except 
that  any  person  purchasing  a  motor  vehicle  from  a  manufacturer, 
dealer  or  other  person  after  this  act  goes  into  effect  shall  be  allowed 
to  operate  such   motor   vehicle   upon  the   public   highways   for  a 


254  Automobile    Enactments. 

period  of  five  days  after  the  purchase  and  delivery  thereof,  pro- 
vided that  during  such  period  such  motor  vehicle  shall  bear  the 
registration  number  and  seal  of  the  previous  owner  under  which  it 
was  operated  or  might  have  been  operated  by  him. 

Exemption  of  non-resident  owners. 

Subd.  9.  The  provisions  of  this  section  shall  not  apply  to  motor 
vehicles  owned  by  non-residents  of  this  state,  provided  the  owners 
thereof  have  complied  with  any  law  requiring  the  registration  of 
owners  of  motor  vehicles  in  force  in  the  state,  territory  or  federal 
district  of  their  residence,  and  the  registration  number  showing 
the  initial  of  such  state,  territory  or  federal  district  shall  be  dis- 
played on  such  vehicle  substantially  as  in  this  section  provided. 

Speed  permitted. 

§  3.  Subdivision  1.  No  person  shall  operate  a  motor  vehicle  on 
a  public  highway  at  a  rate  of  speed  greater  than  is  reasonable 
and  proper,  having  regard  to  the  traffic  and  use  of  the  highway,  or 
so  as  to  endanger  the  life  or  limb  of  any  person,  or  the  safety  of 
any  property;  or  in  any  event  on  any  public  highway  where  the 
territory  contiguous  thereto  is  closely  built  up,  at  a  greater  rate 
than  one  mile  in  six  minutes,  or  elsewhere  in  a  city  or  village  at 
a  greater  rate  than  one  mile  in  four  minutes,  or  elsewhere  outside 
of  a  city  or  village  at  a  greater  rate  than  one  mile  in  three  minutes ; 
subject,  however,  to  the  other  provisions  of  this  act. 

Speed  at  crossings,  et  cetera. 

Subd.  2.  Upon  approaching  a  bridge,  dam,  sharp  curve  or  steep 
descent,  and  also  in  traversing  such  bridge,  dam,  curve  or  descent, 
a  person  operating  a  motor  vehicle  shall  have  it  under  control  and 
operate  it  at  a  rate  of  speed  not  exceeding  one  mile  in  fifteen 
minutes,  and  upon  approaching  a  crossing  of  intersecting  high- 
ways at  a  speed  not  greater  than  is  reasonable  and  proper,  having 
regard  to  the  traffic  then  on  such  highway  and  the  safety  of  the 
public. 

Meeting  horses,  et  cetera. 

Subd.  3.  Upon  approaching  a  person  walking  in  the  roadway 
of  a  public  highway,  or  a  horse  or  horses,  or  other  draft  animals, 
being  ridden,  led  or  driven  thereon,  a  person  operating  a  motor 


New  York.  255 

vehicle  shall  give  reasonable  warning  of  its  approach,  and  use 
every  reasonable  precaution  to  ensure  the  safety  q£rj*uch  person 
or  animal,  and  in  the  case  of  horses  or  other  draft  animals,  to 
prevent  frightening  tbe  same. 

Stopping  on  signal. 

Subd.  4.  A  person  operating  a  motor  vehicle  or  motor  cycle  or 
motor  bicycle  shall,  at  request  or  on  signal  by  putting  up  the  hand, 
from  a  person  riding,  leading  or  driving  a  restive  horse  or  horses 
or  other  draft  animals,  bring  such  motor  vehicle,  cycle  or  bicycle 
immediately  to  a  stop,  and  if  traveling  in  the  opposite  direction, 
remain  stationary  so  long  as  may  be  reasonable  to  allow  such  horse 
or  animal  to  pass,  and,  if  traveling  in  the  same  direction,  use 
reasonable  caution  in  thereafter  passing  such  horse  or  animal; 
provided  that,  in  case  such  horse  or  animal  appears  badly  fright- 
ened or  the  person  operating  such  motor  vehicle  is  requested  so 
to  do,  such  person  shall  cause  the  motor  of  such  vehicle,  cycle  or 
bicycle  to  cease  running  so  long  as  shall  be  reasonably  necessary 
to  prevent  accident  and  insure  the  safety  of  others. 

Giving  name  and  address. 

Subd.  5.  In  case  of  accident  to  a  person  or  property  on  the 
public  highways,  due  to  the  operation  thereon  of  a  motor  vehicle, 
the  person  operating  such  vehicle  shall  stop,  and,  upon  request  of 
a  person  injured,  or  any  person  present,  give  such  person  his  name 
and  address,  and  if  not  the  owner,  the  name  and  address  of  such 
owner. 

Speed  tests  and  races. 

Subd.  6.  Local  authorities  may,  notwithstanding  the  other  pro- 
visions of  this  section,  set  aside  for  a  given  time  a  specified  public 
highway  for  speed  tests  or  races  to  be  conducted  under  proper 
restrictions  for  the  safety  of  the  public. 

As  bearing  on  this  provision,  see  Johnson  v.  City  of  New  York,  109  N.  Y.  App.  Div.  821. 

Rules  of  the  road. 

§  4.  Subdivision  1.  Whenever  a  person  operating  a  motor  vehi- 
cle shall  meet  on  a  public  highway  any  other  person  riding  or  driv- 
ing a  horse  or  horses  or  other  draft  animals,  or  any  other  vehicle, 
the  person  so  operating  such  motor  vehicle  shall  seasonably  turn 
the  same  to  the  right  of  the  centre  of  such  highway  so  as  to  pass 


256  Automobile   Enactments. 

without  interference.  Any  such  person  so  operating  a  motor 
vehicle  shall,  on  overtaking  any  such  horse,  draft  animal  or  other 
vehicle,  pass  on  the  left  side  thereof,  and  the  rider  or  driver  of 
such  horse,  draft  animal  or  other  vehicle  shall,  as  soon  as  prac- 
ticable, turn  to  the  right  so  as  to  allow  free  passage  on  the  left. 
Any  such  person  so  operating  a  motor  vehicle  shall  at  the  inter- 
section of  public  highways,  keep  to  the  right  of  the  intersection  of 
the  centers  of  such  highways  when  turning  to  the  right  and  pass 
to  the  right  of  such  intersection  when  turning  to  the  left.  Nothing 
in  this  subdivision  shall,  however,  be  construed  as  limiting  the 
meaning  or  effect  of  the  provisions  of  section  three  of  this  act. 

Brakes,  lamps,  horn,  et  cetera. 

Subd.  2.  Every  motor  vehicle  while  in  use  on  a  public  highway 
shall  be  provided  with  good  and  efficient  brakes,  and  also  with  a 
suitable  bell,  horn  or  other  signal  and  be  so  constructed  as  to  ex- 
hibit, during  the  period  from  one  hour  after  sunset  to  one  hour 
before  sunrise,  two  lamps  showing  white  lights  visible  within  a 
reasonable  distance  in  the  direction  toward  which  such  vehicle  is 
proceeding,  showing  the  registered  number  of  the  vehicle  in  sep- 
arate Arabic  numerals,  not  less  than  one  inch  in  length  and  each 
stroke  to  be  not  less  than  one-quarter  of  an  inch  in  width,  and 
also  a  red  light  visible  in  the  reverse  direction. 

Local  ordinances  prohibited. 

Subd.  3.  Subject  to  the  provisions  of  this  act,  local  authorities 
shall  have  no  power  to  pass,  enforce  or  maintain  any  ordinance, 
rule  or  regulation  requiring  of  any  owner  or  operator  of  a  motor 
vehicle  any  license  or  permit  to  use  the  public  highways,  or  ex- 
cluding or  prohibiting  any  motor  vehicle  whose  owner  has  com- 
plied with  section  two  of  this  act  from  the  free  use  of  such 
highways,  except  such  driveway,  speedway  or  road  as  has  been  or 
may  be  expressly  se1  apart  by  law  for  the  exclusive  use  of  horses 
and  light  carriages,  or  excepl  as  herein  provided,  in  any  way  affect- 
ing the  registration  or  numbering  of  motor  vehicles  or  prescrib- 
ing a  slower  rate  of  speed  than  herein  specified  at  which  such 
vehicles  may  be  operated,  or  the  use  of  the  public  highways,  con- 
trary to  or  inconsistent  with  the  provisions  of  this  act;  and  all 
such  ordinances,  rules  or  regulations  now  in  force  are  hereby  de- 
clared to  be  of  no  validity  or  effect;  provided,  however,  that  the 


New  York.  257 

local  authorities  of  cities  and  incorporated  villages  may  limit  by 
ordinance,  rule  or  regulation  hereafter  adopted  -the  speed  of 
motor  vehicles  on  the  public  highways,  on  condition  that  such 
ordinance,  rule  or  regulation  shall  also  fix  the  same  speed  limita- 
tion for  all  other  vehicles,  such  speed  limitation  not  to  be  in  any 
case  less  than  one  mile  in  six  minutes  in  incorporated  villages,  and 
on  further  condition  that  such  city  or  village  shall  also  have 
placed  conspicuously  on  each  main  public  highway  where  the  city 
or  village  line  crosses  the  same  and  on  every  main  highway  where 
the  rate  of  speed  changes,  signs  of  sufficient  size  to  be  easily  read- 
able by  a  person  using  the  highway,  bearing  the  words,   "  Slow 

down  to  miles  "  (the  rate  being  inserted)  and  also  an  arrow 

pointing  in  the  direction  where  the  speed  is  to  be  reduced  or 
changed,  and  also  on  further  condition  that  such  ordinance,  rule 
or  regulation  shall  fix  the  penalties  for  violation  thereof  similar 
to  and  no  greater  than  those  fixed  by  such  local  authorities  for 
violations  of  speed  limitation  by  any  other  vehicles  than  motor 
vehicles,  which  penalties  shall  during  the  existence  of  the  ordi- 
nance, rule  or  regulation  supersede  those  specified  in  section  six 
of  this  act,  and  provided  further,  that  nothing  in  this  act  con- 
tained shall  be  construed  as  limiting  the  power  of  local  authorities 
to  make,  enforce  and  maintain  further  ordinances,  rules  or  regula- 
tions, affecting  motor  vehicles  which  are  offered  to  the  public  for 
hire. 

Parks,  parkways  and  cemeteries  excepted. 

Subd.  4.  Local  authorities  may,  notwithstanding  the  provisions 
of  this  act,  make,  enforce  and  maintain  such  reasonable  ordi- 
nances, rules  or  regulations,  concerning  the  speed  at  which  motor 
vehicles  may  be  operated  in  any  parks  or  parkways  within  a  city, 
but,  in  that  event,  must  by  signs  at  each  entrance  of  such  park 
and  along  such  parkway  conspicuously  indicate  the  rate  of  speed 
permitted  or  required,  and  may  exclude  motor  vehicles  from  any 
cemetery  or  grounds  used  for  the  burial  of  the  dead. 

No  effect  on  right  to  damages. 

Subd.  5.  Nothing  in  this  act  shall  be  construed  to  curtail  or 
abridge  the  right  of  any  person  to  prosecute  a  civil  action  for 
damages  by  reason  of  injuries  to  person  or  property  resulting  from 
the  negligent  use  of  the  highways  by  a  motor  vehicle  or  its  owner 
or  his  employee  or  agent. 
17 


258  Automobile   Enactments. 

Filing  chauffeur's  statement. 

§  5.  Subdivision  1.  Every  person  hereafter  desiring  to  operate 
a  motor  vehicle  as  a  chauffeur  shall  file  in  the  office  of  the  secre- 
tary of  state,  on  a  blank  to  be  supplied  by  such  secretary,  a  state- 
ment which  shall  include  his  name  and  address  and  the  trade  name 
and  motive  power  of  the  motor  vehicle  or  vehicles  he  is  able  to 
operate,  and  shall  pay  a  registration  fee  of  two  dollars. 

Chauffeur's  registration  and  record. 

Subd.  2.  The  secretary  of  state  shall  thereupon  file  such  state- 
ment in  his  office,  register  such  chauffeur  in  a  book  or  index  to  be 
kept  for  that  purpose,  and  assign  him  a  number. 

Chauffeur's  badge. 

Subd.  3.  The  secretary  of  state  shall  forthwith,  upon  such  regis- 
tration and  without  other  fee,  issue  and  deliver  to  such  chauffeur 
a  badge  of  aluminum  or  other  suitable  metal,  which  shall  be  oval 
in  form,  and  the  greater  diameter  of  which  shall  not  be  more  than 
two  inches,  and  such  badge  shall  have  stamped  thereon  the  words: 

"  Registered  chauffeur,  No.  ,  New  York  Motor  Vehicle  Law," 

with  the  registration  number  inserted  therein;  which  badge  shall 
thereafter  be  worn  by  such  chauffeur  pinned  upon  his  clothing  in  a 
conspicuous  place  at  all  times  while  he  is  operating  a  motor  vehicle 
upon  the  public  highways.  If  the  operator  or  chauffeur  has  pre- 
viously been  registered  in  the  office  of  the  secretary  of  state,  the 
certificate  heretofore  issued  to  him  shall  be  returned  to  such  secre- 
tary, who  shall  issue  to  said  operator  or  chauffeur,  in  lieu  thereof, 
a  chauffeur's  badge  upon  the  payment  of  a  fee  of  one  dollar. 

Fictitious  badge. 

Subd.  4.  No  chauffeur,  having  registered  as  hereinabove  pro- 
vided, shall  voluntarily  permit  any  other  person  to  wear  his  badge, 
nor  shall  any  person  while  operating  a  motor  vehicle  wear  any 
badge  belonging  to  another  person,  or  a  fictitious  badge. 

Unregistered  chauffeur  cannot  operate. 

Subd.  5.  No  person  shall  operate  a  motor  vehicle  as  a  chauffeur 
upon  the  public  highways  after  thirty  days  after  this  act  takes 
effect,  unless  such  person  shall  have  complied  in  all  respects  with 
the  requirements  of  this  section. 


New  York.  259 

Penalties  for  excessive  speed,  et  cetera. 

§  6.  Subdivision  1.  The  violations  of  any  of  the -provisions  of 
subdivision  five  of  section  two,  or  of  subdivision  seven  of  section 
two,  or  of  section  three,  or  of  section  five  of  this  act,  or  of  any 
ordinance,  rule  or  regulation  adopted  by  local  authorities  in  pur- 
suance of  subdivision  four  of  section  four  of  this  act,  shall  be 
deemed  a  misdemeanor,  punishable  by  a  fine  not  exceeding  one 
hundred  dollars  for  the  first  offense  and  punishable  by  a  fine  of 
not  less  than  fifty  dollars  nor  more  than  one  hundred  dollars,  or 
imprisonment  not  exceeding  thirty  days,  or  both,  for  a  second 
offense,  and  punishable  by  a  fine  of  not  less  than  one  hundred  dol- 
lars nor  more  than  two  hundred  and  fifty  dollars  and  imprison- 
ment not  exceeding  thirty  days  for  a  third  or  subsequent  offense. 

Penalties  for  other  violations. 

Subd.  2.  The  violation  of  any  other  provision  of  this  act  shall 
be  punished  by  a  fine  not  exceeding  twenty-five  dollars  for  the  first 
offense,  a  fine  not  less  than  twenty-five  dollars  nor  more  than  fifty 
dollars  for  a  second  offense,  and  a  fine  not  less  than  fifty  dollars 
nor  more  than  one  hundred  dollars,  or  imprisonment  not  exceeding 
ten  days,  or  both,  for  a  third  or  subsequent  offense. 

Release  from  custody,  bail,  et  cetera. 

Subd.  3.  In  case  the  owner  of  a  motor  vehicle  shall  be  taken 
into  custody  because  of  a  violation  of  any  provision  of  this  act, 
he  shall  be  forthwith  taken  before  an  accessible  captain  or  sergeant 
or  acting  sergeant  of  police  in  any  city  or  village,  or  any  justice 
of  the  peace  or  magistrate,  and  be  entitled  to  an  immediate  hear- 
ing; and  if  such  hearing  cannot  then  be  had  be  released  from 
custody  on  giving  a  bond  or  undertaking  executed  by  a  fidelity  or 
surety  company  organized  under  the  laws  of  this  state  and  having 
a  deposit  of  at  least  two  hundred  thousand  dollars  with  the  superin- 
tendent of  insurance  of  this  state,  said  bond  or  undertaking  to  be 
in  an  amount  not  exceeding  the  maximum  fine  for  the  offense  with 
which  the  owner  is  charged  and  to  be  conditioned  for  the  owner's 
appearance  in  answer  for  such  violation  at  such  time  and  place  as 
shall  then  be  indicated;  or  on  giving  his  personal  undertaking  to 
appear  in  answer  for  such  violation,  at  such  time  and  place 
as  shall  then  be  indicated,  secured  by  the  deposit  of  a  sum  equal  to 


260  Automobile  Enactments. 

the  maximum  fine  for  the  offense  with  which  he  is  charged,  or  in 
lieu  thereof,  by  leaving  the  motor  vehicle,  being  operated  by  such 
person  with  such  officer;  or  in  case  such  officer  is  not  accessible, 
be  forthwith  released  from  custody  on  giving  his  name  and  address 
to  the  officer  making  such  arrest,  and  depositing  with  such  officer  a 
sum  equal  to  the  maximum  fine  for  the  offense  for  which  such 
arrest  is  made,  or  in  lieu  thereof,  by  leaving  the  motor  vehicle, 
being  operated  by  such  person,  with  such  officer  provided,  that  in 
such  case  the  officer  making  such  arrest  shall  give  a  receipt  in 
writing  for  such  sum  or  vehicle  and  notify  such  person  to  appear 
before  the  most  accessible  magistrate,  naming  him,  on  that  or  the 
following  day,  specifying  the  place  and  hour.  In  case  security  shall 
be  deposited,  as  in  this  subdivision  provided,  it  shall  be  returned 
to  the  person  depositing,  forthwith  on  such  person  giving  a  bond 
or  undertaking  of  a  fidelity  or  surety  company,  as  in  this  section 
provided,  or  on  such  person  being  admitted  to  bail  as  provided  in 
section  five  hundred  and  fifty-four  of  the  code  of  criminal  pro- 
cedure, and  the  return  of  any  receipt  or  other  voucher  given  at 
the  time  of  such  deposit.  In  case  such  undertaking  of  a  fidelity  or 
surety  company  be  not  given,  or  such  personal  undertaking  with 
security  or  such  deposit  shall  not  be  made  by  an  owner  so  taken 
into  custody,  the  provisions  of  section  five  hundred  and  fifty-four 
of  the  code  of  criminal  procedure,  shall  apply. 

Acts  repealed. 

§  7.  All  acts  and  parts  of  acts  inconsistent  herewith  or  con- 
trary hereto  are,  so  far  as  they  are  inconsistent  or  contrary,  hereby 
repealed. 

When  this  act  takes  effect. 

§  8.  This  act  shall  take  effect  immediately,  except  that  no 
penalty  shall  be  asserted  or  imposed  for  the  violation  of  any  of  the 
provisions  of  section  two  or  section  five  hereof  committed  prior 
to  thirty  days  after  this  act  takes  effect. 


NORTH  CAROLINA. 

County  commissioners  authorized  to  pass  speed  regulation. 

Sec.  1.  That  section  seven  hundred  and  seven  of  the  code  be 
amended  by  adding  at  the  end  of  subsection  fifteen  the  following: 
"  To  regulate  the  speed  of  automobiles,  motor  cycles  and  other  like 
vehicles  on  the  public  roads  and  bridges,  and  make  such  ordinances 
as  they  may  deem  necessary  governing  the  same.  Any  person  vio- 
lating such  ordinances  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  not  exceeding  fifty  dolalrs  or  imprisoned 
not  exceeding  thirty  days.  This  act  shall  not  apply  to  the  counties 
of  New  Hanover  and  Mecklenburg. 

Takes  effect. 

§  2.  That  this  act  shall  be  in  force  from  and  after  its  ratifica- 
tion. 

[261] 


NORTH  DAKOTA. 

Speed  rates. 

Sec.  1.  No  person,  driver  or  operator  in  charge  of  any  automo- 
bile on  any  public  road,  highway  or  street  within  the  state  shall 
drive,  operate  or  move,  or  permit  to  be  driven,  operated  or  moved 
at  a  rate  of  speed  faster  than  eight  (8)  miles  per  hour  within  any 
city  or  village  within  the  state,  or  at  a  rate  faster  than  fifteen  (15) 
miles  per  hour  on  any  public  road  or  highway  outside  of  any  city 
or  village,  nor  over  any  crossing  or  crosswalk  within  the  limits  of 
any  city  or  village  at  a  rate  of  speed  faster  than  four  (4)  miles 
per  hour  when  any  person  is  upon  the  same. 

Muffler,  lamps,  bell,  uses  thereof. 

§  2.  Every  automobile  using  gasoline  as  motive  power  shall  use 
"  the  muffler  "  so-called,  when  operated,  driven  or  moved  upon  the 
public  road  or  highway  or  street  within  the  state.  Every  automo- 
bile shall  be  provided  with  a  bell  or  horn  which,  when  operated  out- 
side of  a  city  or  village,  shall  be  rung  or  blown  by  the  driver  or 
operator  when  approaching  from  behind  a  vehicle  propelled  by 
horses  at  a  distance  of  at  least  fifteen  (15)  rods,  and  which  bell  or 
horn  shall  be  rung  or  blown  when  operated  within  city  or  village 
wherever  there  is  danger  of  collision  or  accident.  Every  such 
automobile  shall  also  be  provided  with  at  least  one  lighted  lamp 
suitable  for  such  automobile  when  operated,  driven  or  moved  dur- 
ing the  hours  of  darkness. 

Law  of  the  road. 

§  3.  The  driver  or  operator  of  any  automobile  shall  be  governed 
by  the  usual  law  of  the  road  by  turning  to  the  right  in  meeting 
vehicles,  teams  and  persons  moving  or  headed  in  an  opposite  direc- 
tion, and  by  turning  to  the  left  in  passing  vehicles,  teams  and 
persons  moving  or  headed  in  the  same  direction. 

Stopping  on  signal. 

§  4.  The  driver  or  operator  in  charge  of  any  automobile  on  any 
public  road  or  highway  outside  the  limits  of  any  incorporated  city 

[262] 


North   Dakota.  263 

within  the  state  when  signalled  by  the  driver  of  any  vehicle  pro 
pelled  by  horses,  shall  stop  said  automobile  until  the  otlirr  vehicle 
has  passed.  "^'" 

Punishments  for  violation. 

§  5.  Any  person  whether  driver  or  operator  of  any  such  automo- 
bile or  the  owner  thereof  whose  agent  the  driver  or  operator  shall 
be,  who  shall  violate  any  of  the  provisions  of  this  act  shall  be 
guilty  of  a  misdemeanor  and  shall  be  punished  by  a  fine  not  less 
than  five  dollars  and  not  more  than  fifty  dollars,  or  imprisonment 
in  the  county  jail  not  less  than  five  days  nor  more  than  thirty  days, 
or  by  both  such  fine  and  imprisonment.  And  in  addition  thereto 
shall  be  liable  for  damages  in  a  civil  action  to  any  person  who  shall 
have  been  injured  in  person  or  property  by  reason  of  any  such 
violation. 

Takes  effect. 

§  6.  Whereas,  an  emergency  exists  in  this,  that  there  is  no  law 
in  this  state  regulating  the  operation  of  automobiles,  this  act  shall 
be  in  full  force  and  effect  from  and  after  its  passage  and  approval. 


OHIO. 


Definitions. 


Sec.  1.  The  words  and  phrases  used  in  this  act,  shall,  for  the 
purpose  of  this  act,  unless  the  same  be  contrary  to  or  inconsistent 
with  the  context,  be  construed  as  follows:  (1)  "Motor  vehicles" 
shall  include  all  vehicles  propelled  by  any  power  other  than  mus- 
cular power,  excepting  such  motor  vehicles  as  run  only  upon  rails 
or  tracks,  provided  that  nothing  herein  contained  shall,  except  as 
provided  by  section  fourteen  of  this  act,  apply  to  motor  cycles, 
motor  bicycles,  traction  engines  or  road  rollers;  (2)  "public  high- 
ways "  shall  include  any  highway,  county  road,  state  road,  public 
street,  avenue,  alley,  park,  parkway,  driveway  or  public  place  in 
the  city,  village  or  town ;  (3)  and  "  closely  built  up  "  shall  mean, 
(a)  the  territory  of  a  city,  village  or  town  contiguous  to  a  public 
highway  which  is  at  that  point  built  up  with  structures  devoted 
to  business,  (b)  the  territory  of  a  city,  village  or  town  contiguous 
to  a  public  highway  not  devoted  to  business,  where  for  not  less 
than  one-quarter  of  a  mile  the  dwelling  houses  on  such  highway 
average  less  than  one  hundred  feet  apart,  and  also  (c)  the  terri- 
tory outside  of  the  city  or  village  contiguous  to  a  public  highway 
within  the  distance  of  one-half  mile  from  any  post-office,  provided 
that  for  a  distance  of  at  least  one-quarter  of  a  mile  within  such 
limits  the  dwelling  houses  on  such  highways  average  less  than  one 
hundred  feet  apart,  and  provided  further  that  the  local  authorities 
having  charge  of  such  highways  shall  have  placed  conspicuously 
thereon  signs  of  sufficient  size  to  be  easily  readable  by  a  person 
using  the  highway,  bearing  the  words  "  Slow  down  to  ten  miles," 
and  also  an  arrow  pointing  in  the  direction  where  the  speed  is  to 
be  reduced;  (4)  "local  authorities"  shall  include  all  officers  of 
counties,  boroughs,  cities,  villages  or  towns,  as  well  as  all  boards, 
committees  and  other  public  officials  of  such  counties,  cities,  vil- 
lages or  towns;  (5)  "chauffeur"  shall  mean  any  person  operating 
a  motor  vehicle  as  a  mechanic,  employee,  or  for  hire. 

[264] 


Ohio.  265 

Owner's  application,  filing  fee  and  registration. 

§  2.  Every  person  hereafter  acquiring  a  motor  vehicle  "shall,  for 
each  vehicle  owned  by  him,  file  in  the  office  of  the  secretary  of 
state  a  statement  of  his  name  and  address,  with  a  brief  description 
of  the  vehicle  to  be  registered,  including  the  name  of  the  maker, 
factory  number,  style  of  vehicle  and  motor  power,  on  a  blank  to  be 
prepared  and  furnished  by  such  secretary  for  that  purpose;  the 
filing  fee  shall  be  five  dollars,  for  each  machine  having  less  than 
thirty  horse  power;  the  secretary  of  state  shall  send  to  the  auditor 
of  the  county  in  which  each  such  vehicle  is  owned,  a  copy  of  the 
statement  filed  with  such  secretary  of  state  together  with  the 
registration  number  as  provided  in  section  four  of  this  act.  And 
the  auditor  of  each  county  shall  keep  a  record  book  of  such  state- 
ments and  numbers,  said  book  to  be  furnished  by  the  secretary  of 
state,  and  three  dollars  in  addition  thereto  for  each  additional  ten 
horse  power. 

Duties  of  assessors  and  auditors,  owner's  license  and  fee. 

§  2a.  Each  assessor  shall  on  separate  blanks  return  to  the  county 
auditor  with  his  other  reports,  the  name  of  each  person  in  his  ter- 
ritory who  owns  any  motor  vehicles  together  with  a  statement  of 
how  many  owned,  the  state  number  of  the  same  if  numbered  and 
the  horse  power  of  each.  Each  auditor  shall  upon  receipt  of  same 
file  a  copy  with  the  secretary  of  state.  No  motor  vehicle  owned  in 
this  state  shall  after  twelve  months  after  the  date  of  filing  the 
statement  and  paying  the  fee  as  required  in  section  two  of  this 
act,  be  operated  upon  any  road,  street  or  alley,  in  this  state,  except 
upon  reeiving  a  license  to  operate  such  machine  from  the  secretary 
of  state.  The  secretary  of  state  is  hereby  authorized  and  required 
to  issue  such  license  annually  upon  application  and  the  payment 
to  the  secretary  of  state  by  the  applicant  of  a  license  fee  of  five 
dollars  for  each  machine  whose  horse  power  does  not  exceed  thirty. 
For  all  motor  vehicles  having  a  horse  power  in  excess  of  thirty 
there  shall  be  paid  in  addition  to  the  five  dollars  charged  for 
machines  whose  horse  power  does  not  exceed  thirty,  three  dollars 
for  each  and  every  ten  horse  power  over  thirty.  Such  license  shall 
entitle  the  owner  of  such  motor  vehicle  or  his  authorized  agent  to 
operate  such  motor  vehicle  so  licensed  for  one  year  from  the  date  of 
granting  of  same.  Any  license  may  be  renewed  upon  the  payment 
of  the  annual  license  fee  as  herein  provided. 


266  Automobile  Enactments. 

Filing  statement,  registration  and  number. 

§  3.  The  secretary  of  state  shall  thereupon  file  such  statement 
in  his  office,  register  such  motor  vehicle  in  a  book  or  index  to  be 
kept  for  that  purpose,  and  assign  it  a  distinctive  number. 

Seal,  registration  number,  display  of. 

§  4.  The  secretary  of  state  shall  forthwith  on  such  registration, 
and  without  other  fee,  issue  and  deliver  to  the  owner  of  such  motor 
vehicle  a  seal  of  aluminum  or  other  suitable  metal  which  shall  be 
circular  in  form  approximately  two  inches  in  diameter,  and  has 

stamped  thereon  the  words  "  Registered  motor  vehicle  No.  " 

with  the  registration  number  inserted  therein;  which  seal  shall 
thereafter  at  all  times  be  conspicuously  displayed  on  the  motor 
vehicle,  to  which  such  number  has  been  assigned. 

Previously  registered  vehicles,  fees  on  sale. 

§  5.  If  the  vehicle  has  been  previously  registered,  the  certificate 
issued  thereon  shall  be  returned  to  the  secretary  of  state  and  in 
lieu  thereof  such  secretary  shall  issue  to  said  owner  a  registration 
seal  containing  the  number  of  such  previous  registration,  upon  pay- 
ment of  a  fee  of  one  dollar.  Upon  the  sale  of  a  motor  vehicle,  the 
vendor,  except  a  manufacturer  or  dealer,  shall,  within  ten  days, 
return  to  the  secretary  of  state  the  registration  seal  affixed  to  such 
vehicle. 

Display  of  number  assigned. 

§  6.  Every  motor  vehicle  shall  also  at  all  times  have  the  number 
assigned  to  it  by  the  secretary  of  state  displayed  on  the  back  of 
such  vehicle  in  such  manner  as  to  be  plainly  visible,  the  numbers 
to  be  in  Arabic  numerals,  white  on  black  ground,  each  not  less  than 
four  inches  in  height,  and  each  stroke  to  be  of  a  width  not  less 
than  half  an  inch,  and  also  as  a  part  of  such  number  and  preceding 
the  same  the  first  two  letters  in  the  name  of  the  state,  in  white  on 
black  ground,  such  letters  to  be  not  less  than  four  inches  in  height. 

Manufacturer's  or  dealer's  registration,  seals  and  fee. 

§  7.  A  manufacturer  of  or  dealer  in  motor  vehicles  shall  register 
one  vehicle  of  each  style  or  type  manufactured  or  dealt  in  by  him, 
and  be  entitled  to  as  many  duplicate  registration  seals  for  each 


Ohio.  267 

type  or  style  so  manufactured  or  dealt  in  as  he  may  desire  on  pay- 
ment of  an  additional  fee  of  fifty  cents  for  cacludupficate  seal. 
If  a  registration  seal  and  the  corresponding  number  shall  there- 
after be  affixed  to  and  displayed  on  every  vehicle  of  such  type  or 
style  as  in  this  section  provided,  while  such  vehicle  is  being  oper- 
ated on  the  public  highways,  it  shall  be  deemed  a  sufficient  com- 
pliance with  sections  two,  four,  six  and  nine  until  such  vehicle 
shall  be  sold  or  let  for  hire.  Nothing  in  this  section  shall  be  con- 
strued to  apply  to  a  motor  vehicle  employed  by  manufacturer  or 
dealer  for  private  use  or  hire. 

Fictitious  seal  or  number. 

§  8.  No  motor  vehicle  shall  be  used  or  operated  upon  the  public 
highways  after  June  1,  1906,  which  shall  display  thereon  a  regis- 
tration seal  or  number  belonging  to  any  other  vehicle,  or  a  fictitious 
registration  seal  or  number. 

Compliance  with  section  necessary  to  operate,  exception. 

§  9.  No  motor  vehicle  shall  be  used  or  operated  upon  the  public 
highways  after  June  1,  1906,  unless  the  owner  shall  have  com- 
plied in  all  respects  with  this  section,  except  that  any  person 
purchasing  a  motor  vehicle  from  a  manufacturer,  dealer  or  other 
person  after  this  act  goes  into  effect  shall  be  allowed  to  operate 
such  motor  vehicle  upon  the  public  highways  for  a  period  of  five 
days  after  the  purchase  and  delivery  thereof  provided  that  during 
such  period  such  motor  vehicle  shall  bear  the  registration  number 
and  seal  of  the  previous  owner  under  which  it  was  operated  or 
might  have  been  operated  by  him. 

Non-resident  owners. 

§  10.  The  provisions  of  this  section  shall  not  apply  to  motor 
vehicles  owned  by  non-residents  of  this  state,  provided  the  owners 
thereof  have  complied  with  any  law  requiring  the  registration  of 
owners  of  motor  vehicles  in  force  in  the  state,  territory  or  federal 
district  of  their  residence,  and  the  registration  number  showing 
the  initials  of  such  states,  territory  or  federal  district  shall  be  dis- 
played on  such  vehicle  substantially  as  in  this  section  provided. 

General  speed  regulations. 

§  11.  No  person  shall  operate  a  motor  vehicle  on  a  public  high- 
way at   a   rate  of  speed   greater   than   is  reasonable  and   proper, 


268  Automobile  Enactments. 

having  regard  to  the  traffic  and  use  of  the  highway,  or  so  as  to  en- 
danger the  life  or  limb  of  any  person,  or  the  safety  of  any  prop- 
erty; or  in  any  event  on  any  public  highway  where  the  territory 
contiguous  thereto  is  closely  built  up,  at  a  greater  rate  than  one 
mile  in  six  minutes,  or  elsewhere  in  a  city  or  village  at  a  greater 
rate  than  one  mile  in  four  minutes,  or  elsewhere  outside  of  a  city 
or  village  at  a  greater  rate  than  one  mile  in  three  minutes;  sub- 
ject, however,  to  the  other  provisions  of  this  act. 

Special  speed  rates. 

§  12.  Upon  approaching  a  bridge,  dam,  sharp  curve,  or  steep 
descent,  and  also  in  traversing  such  bridge,  dam,  curve  or  descent, 
a  person  operating  a  motor  vehicle  shall  have  it  under  control 
and  operate  it  at  a  rate  of  speed  not  exceeding  one  mile  in  fifteen 
minutes  and  upon  approaching  a  crossing  of  intersecting  high- 
ways, at  a  speed  not  greater  than  is  reasonable  and  proper  having 
regard  to  the  traffic  then  on  such  highway  and  the  safety  of  the 
public. 

Duties  on  meeting  horses,  et  cetera. 

§  13.  Upon  approaching  a  person  walking  in  the  roadway  of  a 
public  highway,  or  a  horse  or  horses,  or  other  draft  animals,  being 
ridden,  led,  or  driven  thereon,  a  person  operating  a  motor  vehicle 
shall  give  reasonable  warning  of  its  approach,  and  use  every  reason- 
able precaution  to  insure  the  safety  of  such  person  or  animal,  and, 
in  the  case  of  horses  or  other  draft  animals,  to  prevent  frighten- 
ing the  same. 

Stopping  on  signal,  et  cetera. 

§  14.  A  person  operating  a  motor  vehicle  or  motor  cycle  or  motor 
bicycle  shall,  at  request  or  on  signal,  by  putting  up  the  hand,  from 
a  person  riding,  leading  or  driving  a  restive  horse  or  horses,  or 
other  draft  animals,  bring  such  motor  vehicle,  cycle  or  bicycle 
immediately  to  a  stop,  and,  if  traveling  in  the  opposite  direction, 
remain  stationary  so  long  as  may  be  reasonable  to  allow  such  horse 
or  animal  to  pass,  and,  if  traveling  in  the  same  direction,  use 
reasonable  caution  in  thereafter  passing  such  horse  or  animal; 
provided,  that,  in  case  such  horse  or  animal  appears  badly  fright- 
ened or  the  person  operating  such  motor  vehicle  is  requested  so 


Ohio.  269 

to  do,  such  person  shall  cause  the  motor  of  such  vehicle,  cycle  or 
bicycle  to  cease  running:  so  long  as  shall  be  reasonably  necessary 
to  prevent  an  accident  and  insure  the  safety  of  others. 

Name  to  be  given  in  case  of  accident. 

§  15.  In  case  of  accident  to  a  person  or  property  on  the  public 
highway,  due  to  the  operation  thereon  of  a  motor  vehicle,  the  per- 
son operating  such  vehicle,  shall  stop,  and,  upon  request  of  a  per- 
son injured,  or  any  person  present,  give  such  person  his  name  and 
address,  and,  if  not  the  owner,  the  name  and  address  of  such 
owner. 

Local  speed  tests  or  races. 

§  10.  Local  authorities  may,  notwithstanding  the  other  pro- 
visions of  this  section,  set  aside  for  a  given  time  a  specified  public 
highway  for  speed  tests  or  races,  to  be  conducted  under  proper 
restrictions  for  the  safety  of  the  public. 

Rules  of  the  road. 

§  17.  Whenever  a  person  operating  a  motor  vehicle  shall  meet 
on  a  public  highway  any  other  person  riding  or  driving  a  horse  or 
horses  or  other  draft  animals  or  any  other  vehicle,  the  person 
operating  such  motor  vehicle  shall  reasonably  turn  the  same  to  the 
right  of  the  center  of  such  highway,  so  as  to  pass  without  inter- 
ference. Any  such  person  so  operating  a  motor  vehicle  shall,  on 
overtaking  such  horse,  draft  animal  or  other  vehicle  pass  on  the 
left  side  thereof,  and  the  rider  or  driver  of  such  horse,  draft  ani- 
mal or  other  vehicle  shall,  as  soon  as  practicable,  turn  to  the  right 
so  as  to  allow  free  passage  on  the  left.  Any  such  person  so  operat- 
ing a  motor  vehicle  shall  at  the  intersection  of  public  highways, 
keep  to  the  right  of  the  intersection  of  the  center  of  such  high- 
ways, when  turning  to  the  right  and  pass  to  the  right  of  such 
intersection  when  turning  to  the  left.  Nothing  in  this  section 
shall,  however,  be  construed  as  limiting  the  meaning  or  effect  of 
the  provisions  of  section  eleven  of  this  act. 

Brakes,  bell  and  lamps. 

§  18.  Every  motor  vehicle  while  in  use  on  a  public  highway  shall 
be  provided  with  good  and  efficient  brakes,  and  also  with  a  suit- 


270  Automobile  Enactments. 

able  bell,  horn  or  other  signal  and  be  so  constructed  as  to  exhibit, 
during  the  period  from  one  hour  after  sunset  to  one  hour  before 
sunrise,  two  lamps  showing  white  lights  visible  within  a  reason- 
able distance  in  the  direction  toward  which  such  vehicle  is  pro- 
ceeding, showing  the  registered  number  of  the  vehicle  in  separate 
Arabic  numerals,  not  less  than  one  inch  in  height  and  each  stroke 
to  be  not  less  than  one-quarter  of  an  inch  in  width,  and  also  a  red 
light  visible  in  the  reverse  direction. 

Powers  of  local  authorities. 

§  19.  Subject  to  the  provisions  of  this  act,  local  authorities 
shall  have  no  power  to  pass,  enforce  or  maintain  any  ordinance, 
rule  or  regulation  requiring  of  any  owner  or  operator  of  a  motor 
vehicle  any  license  or  permit  to  use  the  public  highways,  or  ex- 
cluding or  prohibiting  any  motor  vehicle  whose  owner  has  com- 
plied with  section  two  of  this  act  from  the  free  use  of  such 
highways,  except  such  driveway,  speedway  or  road  as  has  been  or 
may  be  expressly  set  apart  by  law  for  the  exclusive  use  of  horses 
and  light  carriages,  or  except  as  herein  provided,  in  any  way 
affecting  the  registration  or  numbering  or  motor  vehicles  or  pre- 
scribing a  slower  rate  of  speed  than  herein  specified  at  which  said 
vehicles  may  be  operated,  or  the  use  of  the  public  highways,  con- 
trary to  or  inconsistent  with  the  provisions  of  this  act;  and  all 
such  ordinances,  rules  or  regulations  now  in  force  are  hereby 
declared  to  be  of  no  validity  or  effect ;  provided,  however,  that  the 
local  authorities  of  cities  and  incorporated  villages  may  limit,  by 
ordinance,  rule  or  regulation  hereafter  adopted  the  speed  of  motor 
vehicles  on  the  public  highways,  on  condition  that  such  ordinance, 
rule  or  regulation  shall  also  fix  the  same  speed  limitation  for  all 
other  vehicles,  such  speed  limitation  may  not  be  in  any  case  less 
than  one  mile  in  six  minutes  in  incorporated  villages,  and  on 
further  condition  that  such  city  or  village  shall  also  have  placed 
conspicuously  on  each  named  public  highway  where  the  city  or 
village  line  crosses  the  same,  and  on  every  named  highway  where 
the  rate  of  speed  changes,  signs  of  sufficient  size  to  be  easily  read- 
able by  a  person  using  the  highway,  bearing  the  words  "  Slow  down 

t  i miles  "  (the  rate  being  inserted)  and  also  an  arrow  pointing 

in  the  direction  where  the  speed  is  to  be  reduced  or  chansred.  and 
also  on  further  condition  that  such  ordinance,  rule  or  regulation 


Ohio.  271 

shall  fix  the  penalties  for  the  violation  thereof  similar  to  and  no 
greater  than  those  fixed  by  such  local  authorities  ^fur  violations 
of  speed  limitations  by  any  other  vehicles  than  motor  vehicles, 
which  penalties  shall  during  the  existence  of  the  ordinance,  rule 
or  regulation  supersede  those  specified  in  section  twenty-seven  of 
this  act,  and  provided  further,  that  nothing  in  this  act  contained 
shall  be  construed  as  limiting  the  powers  of  local  authorities  to 
make,  enforce  and  maintain,  further  ordinances,  rules  or  regula- 
tions, affecting  motor  vehicles  which  are  offered  to  the  public  for 
hire. 

Speed  in  parks  and  parkways. 

§  20.  Local  authorities  may,  notwithstanding  the  provisions  of 
this  act,  make,  enforce  and  maintain  such  reasonable  ordinances, 
rules  or  regulations  concerning  the  speed  at  which  motor  vehicles 
may  be  operated  in  any  parks  or  parkways  within  a  city,  but,  in 
that  event,  must,  by  signs  at  each  entrance  of  such  park  and  along 
such  parkway,  conspicuously  indicate  the  rate  of  speed  permitted 
or  required,  and  may  exclude  motor  vehicles  from  any  cemetery 
or  grounds  used  for  the  burial  of  the  dead. 

This  act  not  to  affect  right  to  prosecute  action  for  damages  for 
injuries. 

§  21.  Nothing  in  this  act  shall  be  construed  to  curtail  or  abridge 
the  right  of  any  person  to  prosecute  a  civil  action  for  damages  by 
reason  of  injuries  to  person  or  property  resulting  from  the  negli- 
gent use  of  the  highways  by  a  motor  vehicle  or  its  owner  or  his 
employee  or  agent. 

Chauffeur's  application  and  registration  fee. 

§  22.  Every  person  hereafter  desiring  to  operate  a  motor  vehicle 
as  a  chauffeur  shall  file  in  the  office  of  secretary  of  state,  on  a 
blank  to  be  supplied  by  such  secretary,  a  statement  which  shall 
include  his  name  and  address  and  the  trade  name  and  motive 
power  of  the  motor  vehicle  or  vehicles  he  is  able  to  operate;  and 
shall  pay  a  registration  fee  of  two  dollars. 

Filing,  registration  and  number. 

§  23.  The  secretary  of  state  shall  thereupon  file  such  statement 
in  his  office,  register  such  chauffeur  in  a  book  or  index  to  be  kept 
for  that  purpose,  and  assign  him  a  number. 


272  Automobile  Enactments. 

Chauffeur's  badge  and  number,  display  of  same. 

§  24.  The  secretary  of  state  shall  forthwith  upon  such  registra- 
tion and  without  other  fee  issue  and  deliver  to  such  chauffeur  a 
badge  of  aluminum  or  other  suitable  metal  which  shall  be  oval  in 
form  and  the  greater  diameter  of  which  shall  not  be  more  than 
two  inches,  and  such  badge  shall  have  stamped  thereon  the  words 

"  Registered  chauffeur  No.   "  with  the  registration   number 

inserted  therein;  which  badge  shall  thereafter  be  worn  by  such 
chauffeur  pinned  upon  his  clothing  in  a  conspicuous  place  at  all 
times  while  he  is  operating  a  motor  vehicle  upon  the  public 
highways. 

Badges  to  be  used  only  by  person  to  whom  issued. 

§  25.  No  chauffeur,  having  registered  as  herein  above  provided, 
shall  voluntarily  permit  any  other  person  to  wear  his  badge,  nor 
shall  any  person  while  operating  a  motor  vehicle  wear  any  badge 
belonging  to  any  other  person,  or  a  fictitious  badge. 

Compliance  with  section  requisite  to  operate  as  chauffeur. 

§  26.  No  person  shall  operate  a  motor  vehicle  as  a  chauffeur 
upon  the  public  highways  after  June  1,  1906,  unless  such  person 
shall  have  complied  in  all  respects  with  the  requirements  of  this 
section. 

Punishment  for  violations. 

§  27.  The  violation  of  any  of  the  provisions  of  section  six  or 
of  section  eight,  or  of  section  eleven,  or  of  section  twenty-two,  or 
of  section  two-a  of  this  act,  or  of  any  ordinance,  rule  or  regulation 
adopted  by  local  authorities  in  pursuance  of  section  twenty  of  this 
act,  shall  be  deemed  a  misdemeanor,  punishable  by  a  fine  not  ex- 
ceeding one  hundred  dollars  for  the  first  offense,  and  punishable 
by  a  fine  not  less  than  fifty  dollars  nor  more  than  one  hundred 
dollars,  or  imprisonment  not  exceeding  thirty  days,  or  both,  for 
second  offense,  and  punishable  by  a  fine  of  not  less  than  one  hun- 
dred dollars  nor  more  than  two  hundred  and  fifty  dollars  and  im- 
prisonment, not  exceeding  thirty  days  for  a  third  or  subsequent 
offense. 

Further  punishment  for  violations. 

§  28.  The  violation  of  any  other  provision  of  this  act  shall  be 
punished  by  a  fine  not  exceeding  twenty-five  dollars  for  the  first 


Ohio.  273 

olfense,  and  a  fine  not  less  than  twenty-five  dollars  nor  more  than 
fifty  dollars  for  a  second  offense,  and  a  fine  not  less  than  fifty  dol- 
lars nor  more  than  one  hundred  dollars  or  imprisonmnent  not  ex- 
ceeding ten  days,  or  hoth,  for  a  third  or  subsequent  offense. 

Arrest,  hearing,  bail  and  trial. 

§  29.  In  case  the  owner  of  a  motor  vehicle  shall  be  taken  into 
custody  because  of  the  violation  of  any  provision  of  this  act,  he 
shall  be  forthwith  taken  before  an  accessible  captain,  or  sergeant 
or  acting  sergeant  of  police  in  any  city  or  village,  or  any  justice  of 
the  peace  or  magistrate,  and  be  entitled  to  an  immediate  hearing; 
and  if  such  hearing  can  not  then  be  had,  be  released  from  custody 
on  giving  such  undertaking,  as  is  required  by  law,  to  appear  in 
answer  for  such  violation,  at  such  time  and  place  as  shall  then  be 
indicated  secured  by  the  deposit  of  a  sum  equal  to  the  maximum 
fine  for  the  offense  with  which  he  is  charged,  or  in  lieu  thereof  by 
leaving  the  motor  vehicle,  being  operated  by  such  person,  with 
such  officer;  or,  in  case  such  officer  is  not  accessible,  be  forthwith 
released  from  custody  on  giving  his  name  and  address  to  the  officer 
making  such  arrest  and  depositing  with  such  officer  a  sum  equal 
to  the  maximum  fine  for  the  offense  for  which  said  arrest  is  made, 
or  in  lieu  thereof,  by  leaving  the  motor  vehicle,  being  operated  by 
said  person,  with  such  officer,  provided,  that  in  such  case  the  officer 
making  such  arrest  shall  give  a  receipt  in  writing  for  such  sum 
or  vehicle  and  notify  such  person  to  appear  before  the  most  acces- 
sible magistrate,  naming  him,  on  that  or  the  following  day, 
specifying  the  place  and  hour. 

Disposition  of  fees. 

§  30.  The  fees  received  under  the  provisions  of  this  act  shall 
be  paid  monthly  by  the  secretary  of  state  into  the  treasury  of  the 
state  and  placed  to  the  credit  of  the  department  of  highways  to  be 
expended  for  the  actual  construction  of  improved  roads  according 
to  the  provisions  of  an  act  entitled  "  An  act  to  establish  a  state 
highway  department  by  the  appointment  of  a  state  highway  com- 
missioner and  assistants  and  defining  the  powers  and  duties  of 
the  office,  and  to  provide  for  a  system  of  state,  county  and  town- 
ship co-operation  in  the  permanent  improvement  of  public  high- 
ways," passed  April  18,  1904,  O.  L.,  Vol.  97,  and  such  expenses  as 
18 


274  Automobile  Enactments. 

may  be  necessary  in  carrying  out  the  provisions  of  this  act  shall 
be  paid  out  of  the  said  fund. 

Act  takes  effect. 

§  31.  This  act  shall  take  effect  and  be  in  force  June  1,  1906. 

C.  A.  THOMPSON, 

Speaker  of  the  House  of  Representatives. 

JAMES  M.  WILLIAMS, 

President  Pro  Tern,  of  the  Senate. 

Passed  April  2,  1906. 

This  bill  was  presented  to  the  Governor,  April  3,  1906,  and  was 
not  signed  or  returned  to  the  house  wherein  it  originated  within 
ten  days  after  being  so  presented,  exclusive  of  Sundays  and  the 
day  said  bill  was  presented,  and  was  filed  in  the  office  of  the  secre- 
tary of  state,  April  16,  1906. 

Lewis  B.  Houck, 
Secretary  to  the  Governor. 

The  following  act  of  April  23,  1904,  not  having  been  expressly 
repealed,  is  also  given  herewith : 

§  3490.  All  persons  driving  carriages  or  vehicles  of  any  descrip- 
tion on  any  public  turnpike,  road  or  highway  of  this  state,  shall, 
on  meeting  carriages  or  vehicles  of  any  description  keep  to  the 
right  so  as  to  leave  half  of  the  road  free,  and  all  persons  riding  on 
horseback,  or  on  bicycle,  tricycle,  tandem  bicycle,  locomobile, 
automobile,  or  motor  vehicle,  shall,  on  meeting  carriages  or  vehi- 
cles of  any  description,  keep  to  the  right  so  as  to  leave  two-thirds 
of  the  road  free;  provided,  however,  that  any  person  operating  a 
locomobile,  automobile,  motor  cycle,  or  other  motor  vehicle,  on  any 
public  highway  or  in  any  public  place,  shall  not  operate  the  same 
at  a  rate  of  speed  greater  than  is  reasonable  and  proper,  having 
regard  to  the  use  in  common  of  such  highway  or  place,  or  so  as  to 
endanger  the  life  or  limb  of  any  person,  and  in  no  event  shall  such 
locomobile,  automobile,  motor  cycle,  or  other  motor  vehicle,  be 
operated  at  a  greater  rate  of  speed  than  eight  miles  an  hour  in 
the  business  and  closely  built  up  portions  of  any  municipality  of 
this  state,  nor  more  than  fifteen  mile  an  hour  in  the  other  por- 
tions of  such  municipalities,  nor  more  than  twenty  miles  an  hour 
outside  of  such  municipalities,  which  rates  of  speed  shall  not.  be 


Ohio.  275 

diminished  nor  prohibited  by  any  ordinance,  rule  or  regulation  of 
any  municipality,  board,  or  other  public  authoritiesjjmd  provided 
that  any  person  or  persons  operating  a  locomobile,  automobile^ 
motor  cycle,  or  other  motor  vehicle,  shall  at  request  or  on  signal 
by  putting  up  the  hand,  from  a  person  riding,  leading  or  driving 
a  horse  or  horses,  or  other  animal,  bring  such  locomobile,  automo- 
bile, motor  cycle,  or  other  motor  vehicle,  immediately  to  a  stop, 
and  if  traveling  in  the  opposite  direction  shall  remain  stationary 
so  long  as  may  be  reasonably  necessary  to  allow  such  horse  or 
animal  to  pass,  (and  in  case  such  horse  or  animal  appear  to  be 
frightened,  and  he  is  requested  so  to  do,  the  person  operating  such 
locomobile,  automobile,  motor  cycle,  or  other  motor  vehicle,  shall 
cause  the  motor  thereof  to  cease  running  so  long  as  shall  be  neces- 
sary to  prevent  accident  and  insure  the  safety  of  persons  using 
such  public  highway  or  public  place),  and  if  traveling  in  the  same 
direction,  use  reasonable  care  and  caution,  in  thereafter  passing 
such  horses  or  animals,  and  be  under  the  same  restrictions  as  are 
herein  provided  relating  to  stopping  at  request  or  on  signal  by 
putting  up  the  hand ;  and  provided,  that  such  locomobile,  automo- 
bile, or  other  like  motor  vehicle,  shall  during  the  period  from  one 
hour  after  sunset  to  one  hour  before  sunrise,  exhibit  a  lamp  or 
lamps  showing  a  white  light  or  lights  for  a  reasonable  distance  in 
the  direction  towards  which  such  vehicle  is  proceeding  and  also 
showing  a  red  light  or  lights  in  the  reverse  direction,  and  shall 
also  be  provided  with  (and  use  at  all  proper  and  necessary  times) 
a  good  and  efficient  brake  and  a  suitable  bell,  horn,  or  other  signal. 
If  any  person  purposely  and  wilfully  neglects  or  refuses  to  comply 
with  any  of  the  provisions  of  this  section,  or  in  any  other  manner 
wilfully  hinders  or  purposely  obstructs  any  person  in  the  free 
passage  of  any  such  road  or  highway,  or  shall  ride  a  bicycle,  tri- 
cycle, or  tandem  bicycle  on  the  sidewalk  or  footpath  of  any  unin- 
corporated village,  he  shall,  on  conviction  thereof,  before  any 
justice  of  the  peace  or  other  court  having  jurisdiction,  for  every 
[such]  offense  be  fined  in  any  sum  not  less  than  five  dollars  nor 
more  than  fifty  dollars,  for  the  use  of  the  common  schools  of  the 
county  in  which  prosecution  is  had. 

Passed  April  22,  1904. 

Approved  April  23,  1904. 

MYRON  T.  HERRICK,  Governor. 


276  Automobile  Enactments. 

Constitutionality  of  Ohio  law. 

In  connection  with  the  recent  law  of  Ohio,  the  following  letter, 
sent  out  by  the  Secretary  of  State,  is  of  interest : 

"  May  8,  1906. 
Dear  Sir: 

I  am  advised  by  the  Attorney-General  that  the  act  of  April  2, 
1906,  requiring  registration  of  motor  vehicles  in  this  department, 
and  obtaining  license  to  operate  same,  is  unconstitutional  for  the 
following  reasons: 

1.  It  is  not  uniform  in  its  operations. 

2.  It  deprives  municipalities  of  the  power  to  regulate  the  use  of 
its  streets  as  to  a  certain  class  of  vehicles. 

3.  Its  provisions  are  indefinite  and  uncertain. 

I  am  also  advised  by  him  not  to  incur  further  liability,  nor  to 

take  other  official  action  thereunder  until  this  act  is  construed,  or 

its  validity  determined  by  a  court  of  competent  jurisdiction.     The 

Secretary  of  State  will  be  governed  by  the  foregoing  advice  of  the 

Attorney-General. 

Yours  respectfully, 

Lewis  C.  Laylin, 

Secretary  of  State" 


OREGON. 

Compliance  with  statute  essential. 

Sec.  1.  No  automobile,  motor  vehicle  or  motor  cycle  shall  be 
used  or  operated  on  any  public  highroad,  highway,  park  or  park- 
way, street  or  avenue  within  this  state  until  the  owner  shall  have 
complied  with  sections  two,  four  and  five,  of  this  act. 

Owner's  registration  and  certificate. 

§  2.  The  owner  of  every  automobile,  motor  vehicle  or  motor 
cycle  shall  file  in  the  office  of  the  secretary  of  state  a  statement  of 
his  name  and  address,  together  with  a  brief  description  of  every 
such  vehicle  owned  by  him,  and  shall  obtain  from  said  secretary 
of  state  a  numbered  certificate  for  each  of  said  vehicles,  which 
certificate  shall  state  the  name  of  the  owner  of  such  vebicle,  and 
that  he  has  registered  in  accordance  with  the  provisions  of  this  act. 
These  certificates  shall  be  numbered  consecutively,  beginning  with 
one. 

Record. 

§  3.  The  secretary  of  state  shall  keep  a  record  of  all  such  state- 
ments and  of  all  certificates  issued  by  him  with  their  numbers. 

Fee. 

§  4.  The  fee  for  issuing  such  certificates  shall  be  three  dollars. 

Certificate  number  displayed. 

§  5.  The  number  of  each  certificate,  preceded  by  the  letters 
"  Ore.,"  shall  be  displayed  upon  the  back  of  such  automobile,  motor 
vehicle  or  motor  cycle  in  light  colored  Arabic  numerals  at  least 
three  inches  high,  on  a  dark  background. 

Non-residents  exempt. 

§  6.  The  provisions  of  the  preceding  sections  shall  not  apply  to 
automobiles,  motor  vehicles  or  motor  cycles  owned  or  operated  by 

[277] 


278  Automobile   Enactments. 

non-residents  of  this  state,  provided  the  owners  thereof  have  com- 
plied with  any  law  requiring  the  registration  of  owners  of  automo- 
biles, motor  vehicles  or  motor  cycles  in  force  in  the  state,  territory 
or  federal  district  of  their  residence,  and  the  registration  number 
showing  the  initial  of  such  state,  territory,  or  federal  district  shall 
be  displayed  on  such  vehicle  substantially  as  provided  by  section 
five  of  this  act. 

Number  painted  on  lamp. 

§  7.  Every  automobile,  motor  vehicle  or  motor  cycle,  when 
driven  on  any  public  road,  highway,  park  or  parkway,  street  or 
avenue,  within  this  state,  shall  during  the  hours  of  darkness  have 
fixed  upon  some  conspicuous  part  thereof  at  least  one  lighted  lamp, 
showing  white  to  the  front  and  red  to  the  rear,  and  shall  have  the 
license  or  certificate  number  of  said  vehicle  painted  in  dark 
Arabic  numerals  across  the  white  glass  of  said  lamp. 

Muffler,  brakes,  meeting  and  passing. 

§  8.  Every  automobile,  motor  vehicle  or  motor  cycle  using 
gasoline  as  motive  power  shall  use  the  "  muffler,"  so-called,  and  the 
same  shall  not  be  cut  out  or  disconnected  within  the  limits  of  any 
city  or  village  within  this  state.  Every  automobile,  motor  vehicle 
or  motor  cycle  shall  be  provided  with  good  and  efficient  brakes. 
The  driver  or  operator  of  every  automobile,  motor  vehicle  or  motor 
cycle  shall  be  governed  by  the  usual  law  of  the  road  by  turning 
to  the  right  in  meeting  vehicles,  teams  and  persons  moving  or 
headed  in  the  opposite  direction,  and  by  turning  to  the  left  in 
passing  vehicles,  teams  and  persons  moving  or  headed  in  the  same 
direction. 

Meeting  horses. 

§  9.  Every  person  having  control  or  charge  of  any  automobile, 
motor  vehicle  or  motor  cycle,  whenever  upon  any  public  street  or 
way,  and  approaching  any  vehicle  drawn  by  a  horse  or  horses  or 
any  horse  upon  which  any  person  is  riding,  shall  operate  and 
manage  and  control  such  automobile,  motor  vehicle  or  motor  cycle 
in  such  manner  as  to  exercise  every  reasonable  precaution  to  pre- 
vent the  frightening  of  any  such  horse  or  horses,  and  to  insure 
the   safety   and   protection   of   any  person   riding  or   driving   the 


Oregon.  279 

same.  And  if  such  horse  or  horses  appear  frightened  the  person 
in  control  of  such  motor  vehicle  shall  reduce  its  speed,  and,  if 
requested  by  signal  or  otherwise  by  the  driver  of  such  horse  or 
horses,  shall  not  proceed  further  toward  such  animal  unless  such 
movement  be  necessary  to  avoid  accident  or  injury,  or  until  such 
animal  appears  to  be  under  the  control  of  its  rider  or  driver. 

Speed  permitted. 

§  10.  No  person,  driver  or  operator  in  charge  of  any  automobile, 
motor  vehicle  or  motor  cycle  on  any  public  road,  highway,  park  or 
parkway,  street  or  avenue  within  the  state,  shall  drive,  operate  or 
move,  or  permit  the  same  to  be  driven,  operated  or  moved  at  a 
rate  of  speed  faster  than  eight  miles  an  hour  within  the  thickly 
settled  or  business  portion  of  any  village  or  city  within  this  state, 
nor  faster  than  eight  miles  an  hour  in  the  country  when  within  one 
hundred  yards  of  any  vehicle  drawn  by  horse  or  horses,  nor  out- 
side of  such  thickly  settled  or  business  portion  of  any  city  or  vil- 
lage on  any  public  road,  highway,  park  or  parkway,  street  or  ave- 
nue at  a  rate  of  speed  faster  than  (1)  one  mile  in  (214)  two  and 
one-half  minutes,  nor  over  any  crossing  or  crosswalk  within  the 
limits  of  any  city  or  village  at  a  rate  faster  than  one  mile  in  (15) 
fifteen  minutes  when  any  person  is  upon  the  same. 

Racing  forbidden. 

§  11.  No  person  driving  or  in  charge  of  any  automobile,  motor 
vehicle  or  motor  cycle  on  any  highway,  townway,  public  street, 
avenue,  driveway,  park  or  parkway,  shall  drive  the  same  at  any 
speed  greater  than  is  reasonable  and  proper,  having  regard  for  the 
traffic  and  use  of  the  way  by  others,  or  so  as  to  endanger  the  life 
or  limb  of  any  person ;  and  racing  any  such  vehicle  on  any  such 
ways  or  parks  is  hereby  forbidden. 

Arrest  and  bail. 

§  12.  Any  proper  officer  who  shall  arrest  the  owner  or  driver  of 
an  automobile,  motor  vehicle  or  motor  cycle  for  an  infraction  of 
any  part  of  this  act  shall  take  said  person  immediately  before  a 
magistrate  and  said  magistrate  shall  hear  said  case  at  once,  or, 
upon  request  of  defendant  and  depositing  fifty  dollars  as  bail,  he 
shall  adjourn  said  hearing  for  a  time  not  less  than  twenty-four 


280  Automobile  Enactments. 

hours  nor  more  than  five  days.  If  it  be  impossible  to  find  a  magis- 
trate within  a  reasonable  time  from  said  arrest,  then  the  arresting 
officer  shall  accept  bail  in  the  sum  of  fifty  dollars  for  the  appear- 
ance of  the  defendant  at  the  proper  time. 

Penalties  for  violations. 

§  13.  The  violations  of  any  of  the  provisions  of  this  act  shall 
be  deemed  a  misdemeanor,  punishable  by  a  fine  not  exceeding 
twenty-five  dollars  for  the  first  offense,  nor  exceeding  fifty  dollars 
for  the  second  offense,  nor  exceeding  one  hundred  dollars  for  any 
succeeding  offense. 

Repeal. 

§  14.  All  acts  and  parts  of  acts  inconsistent  herewith  or  con- 
trary hereto  are,  so  far  as  they  are  inconsistent  or  contrary,  hereby 
repealed. 

Filed  in  the  office  of  the  secretary  of  state  February  21,  1905. 


PENNSYLVANIA.- 

License,  where  procured. 

Sec.  1.  Be  it  enacted,  et  cetera,  that  no  motor  vehicle,  whether 
propelled  by  steam,  gas  or  electricity,  shall  be  operated  or  driven 
upon  any  public  street  or  public  highway  in  any  city,  borough, 
county  or  township  in  this  commonwealth  until  the  operator 
thereof  shall  have  procured  a  license  from  the  state  highway  de- 
partment of  this  commonwealth,  as  hereinafter  provided. 

Application  for  license. 

§  2.  Every  applicant  for  a  license  shall  set  forth,  in  writing, 
verified  by  oath  or  affirmation,  the  name  and  residence  of  the  ap- 
plicant. No  license  shall  be  issued  to  any  person  who  is  under 
eighteen  years  of  age. 

Registration  and  record,  tags,  et  cetera. 

§  3.  It  shall  be  the  duty  of  the  state  highway  department  to 
enter  every  such  application  in  a  book  to  be  kept  for  that  pur- 
pose, and,  if  all  the  requirements  of  section  two  of  this  act  have 
been  complied  with,  to  issue  a  license  to  the  applicant,  and  to 
furnish  therewith  two  tags,  containing  the  license  number,  not  less 
than  five  inches  in  height,  and  the  number  of  the  year;  for  such 
license'  the  applicant  shall  pay  the  sum  of  three  dollars,  which  sum 
shall  be  appropriated  to  the  use  of  the  said  state  highway  depart- 
ment. 

License. 

§  4.  Every  such  license  issued  shall  contain  the  name  of  the 
license,  the  date  of  license,  and  the  number  of  the  license  under 
which  the  said  vehicle  is  licensed,  together  with  the  number  of  the 
book  and  page  in  which  the  same  is  entered.  The  license  shall  not 
be  effective  until  the  license  number  is  posted  in  a  conspicuous 
place,  both  in  back  and  front  of  the  said  vehicle.  Not  more  than 
one  state  license  number  shall  be  carried  upon  the  front  and  back 

[281] 


282  Automobile  Enactments. 

oi  the  said  vehicle  while  operated  or  used  on  any  cf  the  public 
streets  or  public  highways,  as  aforesaid;  and  a  license  number 
obtained  in  any  other  place  or  state  shall  be  removed  from  said 
vehicle  while  the  vehicle  is  being  used  within  this  commonwealth. 

Speed  permitted,  local  ordinances. 

§  5.  No  person  or  persons  shall  be  allowed  to  use,  operate  or 
drive  any  motor  vehicle,  as  aforesaid,  upon  any  of  the  public 
streets  or  public  highways  of  the  cities,  boroughs,  counties  or  town- 
ships of  this  commonwealth  at  a  speed  greater  than  a  mile  in  six 
minutes,  within  the  corporate  limits  of  any  of  the  cities  and 
boroughs  thereof;  outside  of  the' corporate  limits  of  any  city  or 
borough,  as  aforesaid,  the  lawful  rate  of  speed  shall  not  exceed  one 
mile  in  three  minutes .  Provided,  that  in  townships  of  the  first 
class  the  commissioners  thereof  may,  by  ordinance,  fix  a  speed 
rate  of  not  less  than  one  mile  in  six  minutes,  in  such  sections  of 
said  township  as  they  may  deem  such  rate  necessary  for  public 
safety :  Provided,  however,  in  the  sections  where  such  speed  limit 
is  fixed,  the  commissioners  shall  cause  signs  to  be  placed,  at  dis- 
tances of  not  over  one-half  mile  apart,  which  signs  shall  be  read- 
able from  the  highways,  and  shall  set  forth  the  speed  limit  and  the 
penalty  for  the  violation  thereof :  Provided  further,  that  this 
section  shall  not  permit  any  person  or  persons  to  drive  an  automo- 
bile at  a  greater  speed  than  is  reasonable,  regarding  traffic,  danger, 
or  injury  to  property  or  person,  at  any  time  or  at  any  place. 

Tags,  lamps,  bell,  brakes,  stopping  on  signal. 

§  6.  Any  person  using  or  operating  a  motor  vehicle  upon  the 
public  streets  or  public  highways,  as  aforesaid,  shall  have  displayed 
in  a  conspicuous  place  on  the  front  and  back  of  said  vehicle,  the 
tags  furnished  by  the  state  highway  department,  accompanying 
his  license  for  that  year;  and  one  hour  after  sunset  he  shall  have 
the  number  in  the  back  of  the  machine  sufficiently  lighted,  so  as 
to  be  plainly  distinguishable.  Every  such  motor  vehicle  shall 
carry,  during  the  period  from  one  hour  after  sunset  to  one  hour 
Lei ni r  mi n rise,  at  least  one  fixed  lighted  lamp,  showing  a  white 
light,  visible  at  least  one  hundred  feet  in  the  direction  towards 
which  the  vehicle  is  proceeding,  and  shall  also  exhibit  one  red 
light,  visible  in  the  reverse  direction.  Every  motor  vehicle  shall 
also  be   provided  with  good  and  sufficient  brake  or  brakes,  and 


Pennsylvania.  '->•'! 

shall  also  be  provided  with  bell,  horns  or  other  signal  device. 
Every  operator  or  user  thereof  shall  sound  the  gong  or  other 
alarm  when  approaching  a  street  crossing  or  road  crossing;  and 
shall  have  no  more  right  of  way,  or  preference  as  to  the  use  of 
such  street  or  road,  than  the  driver  of  a  vehicle  about  to  be 
passed,  but  shall  stop  the  motor  vehicle,  when  signaled  to  do  so 
by  the  driver  of  any  horse  or  other  animal,  until  the  animal  or 
animals  have  passed  or  have  been  passed  by  said  motor  vehicle. 

Inspection  and  term  of  license. 

§  7.  Every  person  so  licensed  shall  carry  with  him,  when  using 
or  operating  such  motor  vehicle  upon  the  public  streets  or  the 
public  highways  aforesaid,  his  license,  and  when  so  required  by 
any  constable  or  police  officer  of  this  commonwealth  shall  produce 
the  license  for  inspection.  No  license  issued  shall  be  valid  for  a 
longer  period  than  one  year.  It  may  be  issued  on  the  first  day  of 
January,  or  at  any  time  thereafter,  but  shall  expire  on  the  thirty- 
first  day  of  December  next  ensuing. 

Arrest,  bail. 

§  8.  The  constables  and  police  officers  of  the  cities,  boroughs 
and  townships  of  this  commonwealth  may  arrest,  upon  view  and 
without  warrant,  any  person  or  persons  violating  any  of  the  pro- 
visions of  this  act:  Provided,  that  in  the  event  of  an  arrest  for 
violation  of  any  of  the  provisions  of  this  act,  if  the  defendant 
is  unable  to  give  sufficient  bail  for  a  hearing  or  for  his  appear- 
ance at  court,  the  magistrate  before  whom  he  is  first  taken  shall, 
in  lieu  of  such  bail,  hold  in  custody  the  motor  vehicle  found  in 
possession  of  the  defendant;  and  the  court,  after  the  trial  of  the 
defendant,  if  no  sufficient  bail  according  to  law  has  been  given 
in  the  meantime,  shall  make  such  order  a6  to  the  disposition  of 
such  motor  vehicle  as  to  it  shall  seem  just  and  proper. 

Actions  for  damages,  where  brought,  service  of  process. 

§  9.  All  civil  actions  for  damages  arising  from  the  use  and 
operation  of  any  motor  vehicle,  as  aforesaid,  may  be  brought  in 
the  city  or  county  in  which  the  alleged  da  mages  were  sustained, 
and  service  of  process  may  be  made  by  the  sheriff  in  person,  or 
by  his  deputy,  in  any  part  of  this  commonwealth,  in  like  manner 
as  process  may  now  be  served  in  the  proper  county. 


284  Automobile  Enactments. 

Penalties. 

§  10.  Any  person  violating  any  of  the  provisions  of  this  act 
shall  be  subject  to  a  fine  or  penalty  of  not  less  than  ten  dollars 
nor  more  than  twenty-five  dollars,  to  be  collected  by  summary 
conviction  before  any  magistrate  or  justice  of  the  peace,  as  like 
fines  and  penalties  are  now  by  law  collectible;  or,  in  case  of  non- 
payment of  the  fine  within  forty-eight  hours,  to  undergo  an  im- 
prisonment in  the  county  jail  for  a  period  not  exceeding  ten  days. 
Any  person  or  persons  who,  having  been  previously  convicted  be- 
fore a  magistrate  or  justice  of  the  peace  of  this  commonwealth 
of  any  violation  of  the  provisions  of  this  act,  upon  commission 
of  the  second  or  a  subsequent  offense  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof,  shall  be  sentenced  to 
pay  a  fine  not  less  than  twenty-five  dollars  nor  more  than  one 
hundred  dollars;  or,  in  case  of  non-payment  of  such  fine,  to 
undergo  an  imprisonment  in  the  county  jail  for  a  period  not 
exceeding  thirty  days.  Upon  conviction  of  a  second  violation  of 
the  provisions  of  the  act,  certified  to  the  state  highway  commis- 
sioner, the  license  issued  to  such  person,  so  convicted,  shall  im- 
mediately be  revoked  by  the  state  highway  commissioner,  and 
shall  not  be  reissued  for  the  space  of  six  months  after  such 
revocation. 

Fines,  to  whom  paid,  and  how  expended. 

§  11.  All  fines  and  penalties  collected  under  the  provisions  of 
this  act  shall  be  paid  to  the  city,  borough  or  township  treasurer, 
wherein  the  offense  is  committed,  and  the  same  shall  be  expended 
by  said  city,  borough  or  township  for  the  benefit  of  the  public 
roads. 

Limitations  of  act. 

§  12.  This  act  shall  aot  apply  to  any  race  course  or  private  road, 
nor  to  any  passenger  railway  or  steam  railroad  confined  to  tracks, 
nor  to  steam  or  other  street  rollers,  nor  to  any  of  the  motor 
vehicles  which  any  manufacturer  or  vendor  of  automobiles  may 
have  in  stock  for  sale,  and  not  for  hire  or  for  his  private  use. 

The  above  section  has  been  held  to  be  inoperative  and  futile  by  the  Attorney -General's 
Department  of  Pennsylvania,  but  it  does  not  seem  that  such  a  view  can  be  sound  con- 
sidering the  express  provisions  of  the  statute,  See  In  re  Automobile  Acts,  15  Pa.  Dist 
Eep.  83. 


Pennsylvania.  285 

l>.kes  effect  January  i,  1906. 

§  13.  This   act   shall   take  effect  on   the  first   day  of  January, 
Anno  Domini  one  thousand  nine  hundred  and  six. 

Inconsistent  acts  repealed. 

§  14.  All  acts  or  parts  of  acts  inconsistent  herewith  are  hereby 
repealed. 

Approved  the  19th  day  of  April,  A.  D.  1905. 

SAML.  W.  PENNYP ACKER. 


RHODE  ISLAND. 

Registration,  record  and  certificate. 

Sec.  1.  All  automobiles,  motor  cars,  and  motor  cycles  shall  be 
registered  by  the  owner  or  person  in  control  thereof  in  accordance 
with  the  provisions  of  this  act.  Application  for  such  registration 
may  be  made,  by  mail  or  otherwise,  to  the  secretary  of  state,  upon 
blanks  prepared  under  his  authority.  The  application  shall  con- 
tain a  statement  of  the  name,  place  of  residence,  and  address  of 
the  applicant,  with  a  brief  description  of  the  automobile,  motor 
car  or  motor  cycle,  including  the  name  of  the  maker,  the  num- 
ber, if  any,  affixed  by  the  maker,  the  character  of  the  motor  power 
and  the  amount  of  such  motor  power  stated  in  figures  of  horse 
power;  and  with  such  application  shall  be  deposited  a  registra- 
tion fee  of  two  dollars.  Said  secretary  of  state  shall  then  register, 
in  a  book  to  be  kept  for  the  purpose,  the  automobile,  motor  car  or 
motor  cycle  described  in  the  application,  giving  to  such  automo- 
bile, motor  car  or  motor  cycle  a  distinguishing  number  or  other 
mark,  and  shall  thereupon  issue  to  the  applicant  a  certificate  or 
registration.  Said  certificate  shall  contain  the  name,  place  of  resi- 
dence, and  address  of  the  applicant,  and  the  registered  number  or 
mark;  shall  prescribe  the  manner  in  which  said  registered  number 
or  mark  shall  be  inscribed  or  displayed  upon  the  automobile, 
motor  car  or  motor  cycle.  A  proper  record  of  all  applications  and 
of  all  certificates  issued  shall  be  kept  by  the  said  secretary  of 
state  at  his  office,  and  shall  be  kept  open  to  the  inspection  of  any 
person  during  reasonable  business  hours.  The  certificate  of  regis- 
tration shall  always  be  carried  in  some  easily  accessible  place  in 
the  automobile,  motor  car,  or  motor  cycle  described  therein. 
Upon  the  sale  of  any  automobile,  motor  car,  or  motor  cycle  its 
registration  shall  expire,  and  the  vendor  shall  immediately  return 
the  certificate  of  registration  to  said  secretary  of  state,  with 
notice  of  the  sale,  and  of  the  name,  place  of  residence,  and  address 
of  the  vendee. 

Manufacturer's  or  dealer's  registration. 

§  2.  Every  manufacturer  of  or  dealer  in  automobiles,  motor 
cars  or  motor  cycles  may,  instead  of  registering  each  automobile, 

[286] 


Rhode  Island.  287 

motor  car  or  motor  cycle  owned  or  controlled  by  him,  make  ap- 
plication, upon  a  blank  provided  by  said  secretary  of  s^ate,  for  a 
general  distinguishing  number  or  mark,  and  saW*- secretary  of 
state  shall,  if  the  facts  stated  in  said  application  are  true,  grant 
said  application  and  issue  to  the  applicant  a  certificate  ,,f  regis- 
tration containing  the  name,  place  of  residence  and  address  of  the 
applicant,  and  the  general  distinguishing  number  or  mark  as- 
signed to  him,  and  made  in  such  form  and  containing  such  fur- 
ther provisions  as  said  secretary  of  state  may  determine;  and  all 
automobiles,  motor  cars,  motor  cycles  owned  or  controlled  by  such 
manufacturer  or  dealer  shall,  until  sold  or  let  for  hire  or  loaned 
for  a  period  of  more  than  five  successive  days,  be  regarded  as 
registered  under  such  general  distinguishing  number  or  mark. 
The  fee  for  every  such  license  shall  be  ten  dollars. 

Operation   forbidden   unless   registered   and   number   displayed. 

§  3.  Except  as  otherwise  provided  herein,  no  automobile,  motor 
car  or  motor  cycle  shall,  after  the  first  day  of  June,  nineteen  hun- 
dred and  four,  be  operated  upon  any  public  highway  or  private 
way  unless  registered  as  above  provided,  and  the  registered  num- 
ber or  mark  of  every  automobile,  motor  car  and  motor  cycle 
operated  as  aforesaid  shall  at  all  times  plainly  be  displayed  thereon 
in  Arabic  numerals  not  less  than  three  inches  long,  and  conform- 
ing in  this  and  other  details  to  the  requirements  prescribed  by 
said  secretary  of  state  in  his  certificate  of  registration. 

Meeting  horses,  et  cetera. 

§  4.  Every  person  having  control  or  charge  of  an  automobile, 
motor  car,  or  motor  cycle,  shall,  whenever  upon  any  public  street 
or  way  and  approaching  any  vehicle  drawn  by  a  horse  or  horses, 
or  approaching  any  horse  upon  which  any  person  is  riding,  operate, 
manage  and  control  such  automobile,  motor  car  or  motor  cycle  in 
such  manner  as  to  exercise  every  reasonable  precaution  to  prevent 
frightening  of  such  horse  or  horses  and  to  insure  the  safety  and 
protection  of  any  person  riding  or  driving  the  same.  And  if  such 
horse  or  horses  appear  to  be  frightened,  the  person  in  control  of 
such  automobile,  motor  car  or  motor  cycle  shall  reduce  its  speed, 
and  shall  not  proceed  farther  towards  such  animal  unless  such 
movement  be  necessary  to  avoid  accident  or  injury,  or  until  such 


288  Automobile  Enactments. 

animal  appears  to  be  under  the  control  of  its  rider  or  driver,  and 
in  case  of  extreme  fright  shall  reduce  the  motive  power  to  a  full 
stop. 

Brake,  muffler,  bell  and  lamps. 

§  5.  Every  automobile,  motor  car  or  motor  cycle  operated  in 
this  state  shall  be  provided  with  an  adequate  brake,  with  a  muffler, 
and  with  a  suitable  bell,  horn  or  other  means  of  signalling,  and 
shall  during  the  period  from  one  hour  after  sunset  and  one  hour 
before  sunrise,  display  such  lights  as  shall  be  approved  by  said 
secretary  of  state.  Automobiles,  motor  cars  or  motor  cycles  owned 
by  non-residents  of  this  state  and  driven  by  a  person  residing  and 
registered  in  some  other  state  may  be  operated  on  the  roads  and 
highways  of  this  state. 

Safety  devices  to  prevent  vehicle  being  set  in  motion. 

§  6.  Every  automobile,  motor  car  or  motor  cycle  shall  be  pro- 
vided with  a  lock,  key  or  other  device  to  prevent  said  vehicle  from 
being  set  in  motion  and  no  person  shall  allow  any  such  vehicle 
operated  by  him  to  stand  or  remain  unattended  in  any  street, 
avenue,  road,  alley,  highway,  park,  parkway  or  other  public  place 
without  first  locking  or  making  fast  the  vehicle  as  above  provided. 

Definition  of  terms. 

§  7.  The  terms  "  automobile,"  "  motor  car  "  and  "  motor  cycle  " 
as  used  in  this  act  shall  include  all  vehicles  propelled  by  power 
other  than  muscular  power,  excepting  railroads  and  railway 
cars  and  motor  vehicles  running  only  upon  rails  or  tracks,  and 
steam  road  rollers. 

Money  from  fees  to  be  applied  to  support  of  public  roads. 

§  8.  All  money  collected  for  registration  and  license  fees  and 
fines  under  the  provisions  of  this  act  shall  go  to  the  support  of 
public  roads  in  this  state  under  the  direction  of  the  state  board  of 
public  roads.  And  no  fees  shall  be  allowed  or  retained  by  said 
secretary  of  state  out  of  any  money  received  by  him  under  this 
act. 

Local  ordinances. 

§  9.  Town  councils  of  the  several  towns  may  exclude  automo- 
biles, motor  cars  and  motor  cycles  from  certain   roads   in  their 


Rhode  Island.  289 

respective  towns,  and  shall  designate  such  roads  by  public  signs; 
Provided,  that  such  roads  excluded  shall  not  include  state  roads 
or  main  highways  leading  from  town  to  town. 

Punishment  for  violation  of  this  act. 

§  10.  Any  person  convicted  of  violating  any  of  the  provisions 
of  this  act  shall  be  punished  by  a  fine  not  exceeding  twenty  dol- 
lars, or  by  imprisonment  not  exceeding  three  months. 

Act  shall  take  effect  when  passed. 

§  11.  This  act  shall  take  effect  from  and  after  its  passage. 
19 


SOUTH  CAROLINA. 

Speed  must  be  reasonable,   not  greater  than   fifteen   miles  per 
hour. 

Sec.  1.  Be  it  enacted  by  the  general  assembly  of  the  state  of 
South  Carolina,  that  no  person  shall  operate  a  motor  vehicle  on  a 
public  highway  at  a  rate  of  speed  greater  than  is  reasonable  and 
proper  at  the  time  and  place,  having  regard  to  the  traffic  and  use 
of  the  highway,  and  its  condition,  or  so  as  to  endanger  the  life, 
limb  or  property  of  any  person,  or  in  any  event  at  a  greater  rate 
than  fifteen  miles  an  hour,  subject,  however,  to  the  other  pro- 
visions of  this  act. 

Speed  at  crossings,  et  cetera. 

§  2.  Upon  approaching  a  crossing  of  intersecting  public  high- 
ways, or  a  bridge,  or  a  sharp  curve,  or  a  steep  descent,  and  also  in 
traversing  such  crossing,  bridge,  curve  or  descent,  a  person  operat- 
ing a  motor  vehicle  shall  have  it  under  control,  and  operate  it  at 
the  rate  of  speed  no  greater  than  six  miles  an  hour,  and  in  no  event 
greater  than  is  reasonable  and  proper,  having  regard  to  the  traffic 
then  on  such  highway  and  the  safety  of  the  public. 

Duties  when  meeting  horses,  et  cetera. 

§  3.  Upon  approaching  a  person  walking  in  the  roadway  of  a 
public  highway  or  a  horse  or  other  draft  animals,  being  ridden  or 
driven  thereon,  a  person  operating  a  motor  vehicle  shall  give 
warning  of  its  approach  by  signaling  with  a  horn,  bell  or  other- 
wise not  calculated  to  frighten  such  animals,  and  use  every  reason- 
able precaution  to  insure  the  safety  of  such  person  or  animals, 
and,  in  the  case  of  horses  or  other  draft  animals,  to  prevent 
frightening  the  same,  and  at  once  reduce  the  speed  at  which  such 
vehicle  is  being  operated  and  hold  same  under  control,  and  if 
such  horses  or  other  draft  animals  appear  frightened,  to  reduce 
the  speed  to  not  more  than  one-half  the  speed  permitted  by  sec- 
tion two,  and  bring  same  to  stop  if  apparently  necessary  for  the 

[290] 


South  Carolina.  29] 

safety  orf  such  person  or  animal,  having  due  regard  to  safety  of 
passengers  in  such  motor  vehicle. 

Stopping  on  signal. 

§  4.  A  person  operating  a  motor  vehicle  shall,  at  request  or 
upon  signal  by  putting  up  the  hand,  from  a  person  riding  or  driv- 
ing a  restive  horse  or  horses,  or  other  draft  animals  brinj;  such 
motor  vehicle  immediately  to  a  stop,  if  necessary,  having  due 
regard  for  safety  of  persons,  vehicles  and  animals,  and  if  travel- 
ing in  opposite  direction,  remain  stationary  so  lon^  as  may  be 
reasonable  to  allow  such  horses  or  animals  to  pass,  and  if  traveling 
in  the  same  direction,  use  reasonable  caution  in  thereafter  passing 
such  horses  or  animals:  Provided  that  in  case  such  horse  or 
animal  appears  badly  frightened,  or  he  is  requested  to  do  so  the 
person  operating  such  motor  vehicle  shall  cause  the  motor  of  such 
vehicle  to  cease  running  so  long  as  shall  be  reasonably  necessary 
to  prevent  accident  and  insure  the  safety  of  persons,  vehicles  and 
animals. 

Rules  of  the  road. 

§  5.  Whenever  a  person  operating  a  motor  vehicle  shall  meet 
on  public  highways  any  other  person  riding  or  driving  a  horse 
or  horses  or  other  draft  animals,  or  any  other  vehicle,  the  person 
operating  such  motor  vehicle  shall  reasonably  turn  the  same  to 
the  right  of  the  center  of  such  highway,  so  as  to  pass  without 
interference.  Any  person  operating  a  motor  vehicle  shall,  on  over- 
taking any  sucn  horse,  draft  animal  or  other  vehicle,  pass  on  the 
left  side  thereof,  and  the  rider,  driver  of  such  horse,  draft  animal 
or  other  vehicle  shall,  as  soon  as  practicable  turn  to  the  right, 
so  as  to  allow  free  passage  on  the  left.  Any  person  operating  a 
motor  vehicle  shall,  at  the  intersection  of  public  highways,  keep 
to  the  right  of  the  intersection  of  the  centers  of  such  highways 
when  turning  to  the  right,  and  pass  to  the  left  of  such  intersec- 
tion when  turning  to  the  left. 

Brakes,  bell  and  lamps. 

§  6.  Every  motor  vehicle  while  in  use  on  a  public  highway  shall 
be  provided  with  good  and  efficient  brakes  and  also  with  a  suit- 
able bell,  horn  or  other  signal,  and  be  so  constructed  as  to  exhibit 
during  the  period  necessary  from  or  after  sunset  until  not  neces- 


292  Automobile  Enactments. 

sary  before  sunrise,  a  white  light  visible  within  a  reasonable  dis- 
tance in  the  direction  toward  which  the  vehicle  is  proceeding,  and 
a  red  light  in  reverse  direction:  Provided,  that  in  case  of  heavy- 
fog,  if  necessary,  such  light  shall  be  displayed  in  the  daytime 
before  sunset  and  after  sunrise. 

Penalties  for  violation. 

§  7.  Whoever  shall  violate  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars,  or 
imprisonment  for  not  more  than  thirty  days. 

Definitions. 

§  8.  "  Motor  vehicles,"  as  used  in  this  act,  includes  all  vehicles 
propelled  by  gasoline  or  other  explosive  vapor,  steam,  electricity 
or  other  kindred  power,  but  the  provisions  of  this  act  do  not 
apply  to  road  rollers,  nor  to  motor  vehicles  run  upon  rails  or 
set-tramways  or  tracks. 

Approved  this  7th  day  of  March,  A.  D.  1905. 


SOUTH  DAKOTA. 

Terms  defined. 

Sec.  1.  The  words  and  phrases  used  in  this  act  shall,  for  the 
purposes  of  this  act  only,  be  construed  as  follows :  1.  "  Motor 
vehicle "  shall  include  all  vehicles  propelled  by  any  power  other 
than  muscular  power,  excepting  such  motor  vehicles  as  run  only 
upon  rails  or  tracks,  provided  that  nothing  herein  contained  shall 
apply  to  traction  engines  or  road  rollers.  2.  "  Closely  built  up 
portions  "  shall  mean  the  territory  of  a  city,  town  or  village  con- 
tiguous to  a  public  highway  devoted  to  business  or  where  for  not 
less  than  one-fourth  (V-i)  of  a  mile  the  dwelling  houses  on  such 
highway  average  not  more  than  one  hundred  (100)  feet  apart. 

Statement,  fees. 

§  2.  Every  owner  of  a  motor  vehicle  shall  for  every  such  vehicle 
owned  by  him,  file  in  the  office  of  the  secretary  of  state  a  state- 
ment of  his  name  and  address,  with  a  brief  description  of  the 
vehicle  to  be  registered,  on  a  blank  to  be  prepared  and  furnished 
by  such  secretary  for  that  purpose.  The  filing  fee  shall  be  one 
($1)  dollar. 

Statement  filed,  registration  number. 

§  3.  The  secretary  of  state  shall  thereupon  file  such  statement 
in  his  office,  register  such  motor  vehicle  in  a  book  to  be  kept  for 
that  purpose  and  assign  it  a  number,  beginning  with  the  number 
one  (1)  and  so  on  in  the  order  of  filing. 

Change  of  owner,  re=registration. 

§  4.  Every  person  acquiring  a  motor  vehicle  shall  file  a  like 
statement  with  the  secretary  of  state,  and  such  secretary  of  state 
shall,  in  like  manner,  file  such  statement,  register  such  vehicle 
and  assign  it  a  number.  If  the  vehicle  has  previously  been  regis- 
tered, such  fact  and  number  assigned  it  shall  be  set  forth  in  the 
statement  and  the  previous  registration  shall  be  cancelled;  but 
the  number  of  such  previous  registration  may  be  assigned  under 
the  new  registration. 

[293] 


294  Automobile  Enactments. 

Seal. 

§  5.  The  secretary  of  state  shall  forthwith  on  such  registration, 
and  without  other  fee,  issue  and  deliver  to  the  owner  of  such  motor 
vehicle  a  seal  of  aluminum  or  other  suitable  metal,  which  shall 
be  circular  in  form,  not  over  two  (2)  inches  in  diameter,  and  have 
stamped  therein  the  words  "  Registered  in  the  office  of  the  Secre- 
tary of  State  for  South  Dakota,  under  the  Motor  Vehicle  Law, 

Xo.  ,"  with  the  registration  number  inserted  therein;  which 

seal  shall  thereafter  at  all  times  be   conspicuously  displayed   on 
the  motor  vehicle  to  which  such  number  has  been  assigned. 

Number  displayed. 

§  6.  Every  motor  vehicle  shall  also  at  all  times  have  the  num- 
ber assigned  to  it  by  the  secretary  of  state  displayed  on  the  back 
of  such  motor  vehicle  in  such  a  manner  as  to  be  plainly  visible,  the 
number  to  be  in  Arabic  numerals,  each  not  less  than  three  (3) 
inches  in  height,  and  each  stroke  to  be  of  a  width  not  less  than 
one-half  (%)  inch  and  also  as  a  part  of  such  number  the  two  capi- 
tal letters  "  S  "  and  "  D  ",  each  of  which  shall  be  of  a  height  not 
less  than  two  inches,  and  each  stroke  to  be  of  a  width  not  less  than 
one-third  of  an  inch. 

Non=resident  owners. 

§  7.  The  provisions  of  section  two  (2)  to  five  (5)  inclusive 
shall  not  apply  to  motor  vehicles  owned  and  operated  by  non- 
residents of  this  state,  provided  the  owners  thereof  have  complied 
with  any  law  requiring  the  registration  of  owners  of  motor  vehi- 
cles in  force  in  the  state,  territory  or  federal  district  of  their 
residence,  and  the  registration  number  showing  the  initial  of  such 
state,  territory  or  federal  district  shall  be  displayed  on  such  vehicle 
substantially  as  provided  by  section  six  (6)  of  this  act. 

Regulations. 

§  8.  No  person  shall  operate  a  motor  vehicle  on  a  public  high- 
way at  a  rate  of  speed  greater  than  is  reasonable  and  proper,  hav- 
ing regard  to  the  traffic  and  use  of  the  highway,  or  so  as  to  en- 
danger the  life  or  limb  of  any  person,  or  in  any  event  in  the  closely 
built  up  portions  of  a  city,  town  or  village,  at  a  greater  rate  than 
one  (1)   mile  in  six  (6)  minutes  or  elsewhere  in  a  city,  town  or 


South  Dakota.  295 

village  at  a  greater  rate  than  one  CI)  mile  in  four  (4)  minutes, 
or  elsewhere  outside  of  a  city,  town  or  village  at^i_ greater  rate 
than  twenty  (20)  miles  per  hour;  subject,  however,  to  the  other 
provisions  of  this  section.  Upon  approaching  a  crossing  of  in- 
tersecting public  highways,  or  a  bridge,  or  a  sharp  curve,  or  a 
steep  descent,  and  also  in  traversing  such  crossing,  bridge,  curve 
or  descent,  a  person  operating  a  motor  vehicle  shall  have  it  under 
control  and  operate  it  at  rate  of  speed  less  than  hereinbefore 
specified,  and  in  no  event  greater  than  is  reasonable  and  proper, 
having  regard  to  the  traffic  then  on  such  highway  and  the  safety 
of  the  public. 

Caution  signals 

§  9.  Any  person  operating  a  motor  vehicle  shall,  at  request  or 
on  signal  by  putting  up  the  hand,  from  a  person  riding  or  driv- 
ing a  horse  or  other  draft  or  domestic  animals,  upon  the  highway 
or  upon  land  within  one  hundred  feet  of  the  highway,  bring  such 
motor  vehicle  immediately  to  a  stop,  or  if  such  horse  or  other 
draft  or  domestic  animals  show  signs  of  fright,  he  shall,  whether 
signal  is  given  or  not,  stop  at  once;  and  if  traveling  in 
the  opposite  direction,  remain  stationary  so  long  as  may  be 
reasonable  to  allow  such  horse  oi  animals  to  pass,  and  if  traveling 
in  the  same  direction,  use  reasonable  caution  in  passing  such 
horse  or  animals,  and  the  operator  and  occupants  of  any  motor 
vehicle  shall  render  necessary  assistance  to  the  party  having  in 
charge  said  horse  or  other  draft  animal  in  so  passing. 

Brakes,  signal  bell  or  horn,  lamps. 

§  10.  Every  motor  vehicle  while  in  use  on  a  public  highway 
shall  be  provided  with  good  and  efficient  brakes,  and  also  with  a 
suitable  bell,  horn  or  other  signal  and  be  so  constructed  as  to 
exhibit,  during  the  period  from  one  (1)  hour  after  sunset  to  one 
(1)  hour  before  sunrise,  one  or  more  lamps  showing  white  light 
visible  within  reasonable  distance  in  the  direction  toward  which 
such  vehicle  is  proceeding,  and  also  a  red  light  visible  in  the 
reverse  direction,  showing  the  registered  number,  of  the  vehicle 
in  separate  Arabic  numerals  not  less  than  one  inch  in  height, 
and  each  stroke  to  be  not  less  than  one-quarter  of  an  inch  in 
width. 


296  Automobile  Enactments. 

Powers  of  cities  and  towns. 

§  11.  Cities  and  towns  shall  have  no  power  to  pass,  enforce  or 
maintain  any  ordinance,  rule  or  regulation  requiring  of  any 
owner  or  operator  of  a  motor  vehicle  any  license  or  permit  to  use 
the  highway,  or  excluding  or  prohibiting  any  motor  vehicle  whose 
owner  has  complied  with  section  two  (2)  or  section  four  of  this 
act,  from  the  free  use  of  such  highway,  and  all  such  ordinances, 
rules  or  regulations  now  in  force  are  hereby  declared  to  be  of  no 
validity  oi  effect;  provided,  that  nothing  in  this  act  shall  be  con- 
strued as  limiting  the  power  of  local  authorities  to  make,  enforce 
and  maintain  ordinances,  rules  or  regulations  in  addition  to  the 
provisions  of  this  act,  affecting  motor  vehicles  which  are  offered 
to  the  public  for  hire. 

Penalties. 

§  12.  The  violation  of  any  of  the  provisions  of  this  act  shall 
be  deemed  a  misdemeanor,  punishable  by  a  fine  not  exceeding 
twenty-five  dollars  ($25)  for  the  first  offense,  and  punishable  by  a 
fine  of  not  less  than  twenty-five  dollars  ($25)  nor  more  than  fifty 
dollars  ($50),  or  imprisonment  not  exceeding  thirty  (30)  days  in 
the  county  jail  for  a  second  or  subsequent  offense. 

Right  of  action   for  damages  for   injuries   sustained  by   negli- 
gence of  driver  of  motor  vehicle  remains  the  same. 

§  13.  Nothing  in  this  act  shall  be  construed  to  curtail  or 
abridge  the  right  of  any  person  to  prosecute  a  civil  action  for 
damages  by  reason  of  injuries  to  persons  or  property  resulting 
from  the  negligent  use  of  the  highways  by  a  motor  vehicle,  or  its 
owner,  or  his  employee  or  agent. 

Repeal. 

§  14.  All  acts  and  parts  of  acts  in  conflict  with  the  provisions 
of  this  act  are  hereby  repealed. 

Emergency. 

g  15.  Whereas  there  is  no  sufficient  law  upon  the  subject  hereof, 
an  emergency  exists,  and  is  hereby  declared  to  exist,  and  this  act 
shall  be  in  force  and  effect  from  and  after  its  passage  and  approval. 

Approved  February  24,  1905. 


TENNESSEE. 

Definition,  registration,  fee,  certificate  and  re-registration. 

Sec.  1.  Be  it  enacted  by  the  general  assembly  of  the  state  of 
Tennessee,  that  before  any  owner  of  any  automobile,  locomobile, 
motor  cycle  or  any  other  vehicle  of  like  character  other  than  street 
railway  cars  hereinafter  termed  "  automobile  "  used  for  the  pur- 
pose of  transporting  or  conveying  persons  or  freight,  or  for  any 
other  purpose,  whether  such  automobile  is  propelled  by  steam, 
gasoline  or  electricity,  or  any  other  mechanical  power,  shall 
operate  or  permit  to  be  operated  any  automobile  upon  any  street, 
road,  highway  or  any  other  public  thoroughfare,  such  owner  shall 
register  such  automobile  with  the  secretary  of  state,  giving  the 
motive  power,  and  make  of  the  same,  together  with  the  name  and 
residence  address  of  such  owner,  and,  shall,  upon  the  payment  of 
a  fee  of  two  ($2)  dollars,  receive  from  the  secretary  of  state  a 
certificate,  showing  such  registration,  which  certificate  shall  be 
numbered  as  issued  in  consecutive  order  beginning  with  "  100  " 
and  shall  thereafter,  upon  the  payment  of  a  fee  of  one  ($1)  dol- 
lar, register  said  certificate  with  the  county  court  clerk  of  the 
county  in  which  such  owner  may  reside. 

Whenever  the  ownership  of  such  automobile  shall  become 
changed  by  sale  or  otherwise  the  purchaser  thereof  shall  be  re- 
quired to  notify  the  secretary  of  state  of  such  transfer  and 
receive  a  certificate  in  his  name,  for  which  he  shall  pay  a  fee  of 
one  ($1)  dollar,  and  he  shall  be  required  to  register  such  certifi- 
cate with  the  county  court  clerk  of  the  county  in  which  he  resides, 
and  pay  therefor  a  fee  of  fifty  ($0.50)  cents. 

Number,  display  of. 

§  2.  Be  it  further  enacted,  that  a  number  in  Arabic  numerals 
of  not  less  than  three  inches  in  height  and  one  and  one-half 
inches  in  width,  corresponding  to  that  assigned  to  such  automo- 
bile by  the  secretary  of  state  in  the  certificate  by  him  issued,  as 
hereinbefore   provided   for,   shall   be   displayed   in   a   conspicuous 

[297J 


298  Automobile  Enactments. 

manner  at  both  the  front  and  rear  of  such  automobile,  which 
said  number  shall  be  plainly  written,  printed,  stamped  or  other- 
wise set  out  upon  a  durable  and  substantial  plate  of  the  size  of 
not  less  than  four  inches  in  height  and  seven  inches  in  length, 
and  to  be  provided  by  the  owner  of  such  automobile.  In  order  to 
prevent  confusion  in  numbers  no  municipality  shall  require  the 
owner  of  any  automobile  to  place  thereon  any  other  or  different 
number  than  that  required  in  this  section,  and  such  owner  shall 
not  exhibit  or  permit  to  be  attached  to  such  automobile,  any  other 
or  different  number  than  that  provided  for  in  said  certificate. 

Speed. 

§  3.  Be  it  further  enacted,  that  no  automobile  shall  be  run  or 
driven  upon  any  road,  street,  highway  or  other  public  thorough- 
fare at  a  rate  of  speed  in  excess  of  twenty  miles  per  hour:  Pro- 
vided, that  any  municipality  shall  have  the  authority  to  prescribe 
a  lower  maximum  rate  of  speed  within  its  corporate  limits. 

Duty  upon  meeting  horses,  et  cetera. 

§  4.  Be  it  further  enacted,  that  whenever  it  shall  appear  that 
any  horse  or  horses,  driven  or  ridden  by  any  person  or  persons, 
upon  any  street,  road,  highway  or  other  public  thoroughfare,  is 
about  to  become  frightened  by  the  approach  of  any  automobile 
from  an  opposite  direction,  it  shall  be  the  duty  of  such  person 
driving  such  automobile  to  bring  the  same  to  a  full  stop  until 
such  horse,  or  horses  shall  have  passed ;  and  upon  approaching  any 
horse  or  horses  from  the  rear  it  shall  be  the  duty  of  the  driver 
of  any  automobile  to  slow  down  his  rate  of  speed  and  make 
known  his  approach  to  such  person,  or  persons,  driving  or  riding 
such  horse  or  horses,  by  ringing  a  bell  or  sounding  a  horn,  and 
should  such  horse,  or  horses  appear  to  be  frightened,  to  stop  such 
automobile  for  a  time  sufficient  for  such  person,  or  persons,  to 
alight,  if  desired,  and  take  hold  of  such  horse  or  horses,  or  other- 
wise coiiirol  the  same. 

Damage  suits  a  Sien  on  automobile. 

§  5.  Be  it  further  enacted,  that  whenever  any  suit  for  damages 
is  brought  in  any  court  of  competent  jurisdiction  for  injuries 
to  person  or  property,  caused  by  the  running  of  any  automobile 


Tennessee.  209 

in  wilful  violation  of  the  provisions  of  this  act,  there  ghall  be  a 
lien  upon  such  automobile  for  the  satisfaction  of- such  recovery 
as  the  court  may  award  whether,  at  the  time  of  the  injury,  such 
automobile  was  driven  by  the  owner  thereof  or  by  his  chauffeur, 
agent,  employee,  servant  or  any  other  person  using  the  same  by 
loan,  hire  or  otherwise. 

Penalties  for  violation. 

§  6.  Be  it  further  enacted,  that  a  failure  on  the  part  of  any 
person  or  persons,  to  observe  and  comply  with  the  provisions  of 
this  act  shall  be  deemed  a  misdemeanor  punishable  by  a  fine  of 
not  less  than  twenty-five  nor  more  than  one  hundred  dollars. 

Act  takes  effect. 

§  7.  Be  it  further  enacted,  that  this  act  take  effect  thirty  days 
after  the  date  of  its  passage,  the  public  welfare  requiring  it. 
Passed  March  27,  1905. 


VERMONT. 

Registration,  applications  for,  record  of,  sale  of  automobile. 

Sec.  1.  All  automobile  and  motor  vehicles  shall  be  registered 
by  the  owner  or  person  in  control  thereof  in  accordance  with  the 
provisions  of  this  act.  Application  for  such  registration  may  be 
made,  by  mail  or  otherwise,  to  the  secretary  of  state  or  any  agent 
thereof  designated  for  this  purpose,  upon  blanks  prepared  under 
his  authority.  The  application  shall  contain  in  addition  to  such 
other  particulars  as  may  be  required  by  said  secretary,  a  statement 
of  the  name,  place  of  residence  and  address  of  the  applicant,  with 
a  brief  description  of  the  automobile  or  motor  vehicle,  including 
the  name  of  the  maker,  the  number,  if  any,  affixed  by  the  maker, 
the  character  of  the  motor  power,  and  the  amount  of  such  motor 
power  stated  in  figures  of  horse  power;  and  with  such  applica- 
tion shall  be  deposited  a  registration  fee  of  two  dollars.  The 
said  secretary  of  state  or  his  duly  authorized  agent  shall  then 
register,  in  a  book  to  be  kept  for  this  purpose,  the  automobile  or 
motor  vehicle  described  in  the  application,  giving  to  such  automo- 
bile or  motor  vehicle  a  distinguishing  number  or  other  mark,  and 
shall  thereupon  issue  to  the  applicant  a  certificate  of  registration. 
Said  certificate  shall  contain  the  name,  place  of  residence  and 
address  of  the  applicant  and  the  registered  number  or  mark,  shall 
prescribe  the  manner  in  which  said  registered  number  or  mark 
shall  be  inscribed  or  displayed  upon  the  automobile  or  motor  vehi- 
cle, and  shall  be  in  such  form  and  contain  such  further  provisions 
as  the  secretary  of  state  may  determine.  A  proper  record  of  all 
applications  and  of  all  certificates  issued  shall  be  kept  by  the  secre- 
tary of  state  in  his  office  and  shall  be  open  to  the  inspection  of 
any  person  during  reasonable  business  hours.  The  certificate  of 
registration  shall  always  be  carried  in  some  easily  accessible  place 
in  the  automobile  or  motor  vehicle  described  therein.  Upon  the 
sale  of  any  automobile  or  motor  vehicle  its  registration  shall  ex- 
pire, and  the  vendor  shall  immediately  return  the  certificate  cf 
registration  to  the  secretary  of  state,  with  notice  of  sale,  and 
of  the  name,  place  of  residence  and  address  of  the  vendee. 

[300] 


Vermont.  .'KiL 

Registration  by  manufacturers. 

§  2.  Every  manufacturer  of,  or  dealer  in,  automobiles  or  motor 
vehicles  may,  instead  of  registering  each  automobile  <>r  motor 
vehicle  owned  or  controlled  by  him,  make  application  upon  a 
blank  provided  by  said  secretary  of  state  for  a  general  distinguish- 
ing number  or  mark,  and  said  secretary  may,  if  satisfied  of  the 
facts  stated  in  said  application,  grant  said  application  and  issue 
to  the  applicant  a  certificate  of  registration  containing  the  name, 
place  of  residence  and  address  of  the  applicant,  and  the  general 
distinguishing  number  or  mark  assigned  to  him,  and  made  in 
such  form  and  containing  such  further  provisions  as  said  secre- 
tary of  state  may  determine;  and  all  automobiles  and  motor  vehi- 
cles owned  or  controlled  by  such  manufacturer  or  dealer  shall, 
until  sold,  or  let  for  hire,  or  loaned  for  a  period  of  more  than 
five  successive  days,  be  regarded  as  registered  under  such  general 
distinguishing  number  or  mark.  The  fee  for  every  such  license 
shall  be  ten  dollars. 

Unregistered  machine  not  to  run  after  May  i,  1905. 

§  3.  Except  as  otherwise  provided  herein,  no  automobile  or 
other  motor  vehicle  shall,  after  the  first  day  of  May  in  the  year 
nineteen  hundred  and  five,  be  operated  upon  any  public  highway 
or  private  way  laid  out  under  authority  of  statute  unless  registered 
as  heretofore  provided,  and  the  registered  number  or  mark  of 
every  automobile  and  motor  vehicle  operated  as  aforesaid  shall 
at  all  times  plainly  be  displayed  thereon  in  Arabic  numerals  not 
less  than  four  inches  long,  and  conforming  in  this  and  other  de- 
tails to  the  requirements  prescribed  by  the  secretary  of  state  in 
his  certificate  of  registration. 

Operator's  license,  application  for;  special  license  for  operat- 
ing, term  of. 

§  4.  License  for  operating  automobiles  and  motor  vehicles  shall 
be  issued  by  the  secretary  of  state  or  duly  authorized  agents 
thereof.  Application  shall  be  made  upon  blanks  prepared  by  the 
secretary  of  state  for  this  purpose,  and  the  licenses  issued  shall 
be  in  such  form  and  shall  contain  such  provisions  as  said  secre- 
tary of  state  may  determine.  To  such  licensee  shall  be  assigned 
some  distinguishing  number  or  mark,  and  a  proper  record  of  all 


302  Automobile  Enactments. 

applications  for  license  and  of  all  licenses  issued  shall  be  kept  by 
the  secretary  of  state  at  his  office,  and  shall  be  open  to  the  inspec- 
tion of  any  person  during  reasonable  business  hours.  Each 
license  shall  state  the  name,  place  of  residence  and  address  of  the 
licensee  and  the  distinguishing  number  or  mark  assigned  to  him. 
Special  licenses  for  operating  automobiles  or  motor  vehicles  for 
hire  shall  be  issued  by  the  secretary  of  state,  but  no  such  license 
shall  be  issued  until  the  secretary  of  state  or  his  authorized  agent 
shall  have  satisfied  himself  that  the  applicant  is  a  proper  person 
to  receive  it.  Such  licenses  shall  be  granted  for  one  year  only. 
The  fee  for  each  license  to  operate  shall  be  two  dollars.  All  fees 
shall  be  deposited  at  the  time  of  making  the  application.  The 
secretary  of  state  may  at  any  time  suspend  or  revoke  any  license 
for  any  violation  of  this  act  or  regulation  made  thereunder.  Be- 
fore a  license  to  operate  is  granted,  the  applicant  shall  present 
such  evidence  as  to  his  qualifications  as  may  be  required  by  the 
secretary  of  state  or  agent  thereof. 

Unlicensed  operator  not  to  operate  machine  after  May  i,  1905. 

§  5.  Except  as  hereinafter  provided,  no  person  shall,  on  or 
after  the  first  day  of  May  in  the  year  nineteen  hundred  and  five, 
operate  an  automobile  or  motor  vehicle  upon  any  public  highway 
or  private  way  laid  out  under  authority  of  statute  unless  licensed 
so  to  do  under  the  provisions  of  this  act.  No  person  shall  oper- 
ate an  automobile  or  motor  vehicle  for  hire,  unless  specially 
licensed  by  the  secretary  of  state  so  to  do.  No  person  shall  em- 
ploy for  hire  as  chauffeur  or  operator  of  an  automobile  or  motor 
vehicle  any  person  not  specially  licensed  as  aforesaid,  and  every 
chauffeur  or  operator  for  hire  shall,  while  so  acting,  display  the 
distinguishing  number  or  mark  assigned  to  him,  in  such  manner 
as  may  be  prescribed  by  the  secretary  of  state. 

Vehicles  owned  by  non-residents. 

§  6.  Automobiles  or  motor  vehicles  owned  by  non-residents  of 
this  state  and  driven  by  a  person  residing  and  licensed  in  some 
other  state,  may  be  operated  on  the  roads  and  highways  of  this 
state,  subject,  however,  to  the  speed  limitations  contained  in  sec- 
tion eight  and  to  such  further  regulations  as  the  secretary  of 
state  may  make.     The  provisions  of  this  and  the  preceding  sec- 


Vermont.  '■'>'■>'.'> 

tion  shall  not  prevent  the  operating  of  automobiles  by  unlicensed 
persons  if  riding  with  or  accompanied  by  a  licensed  chauffeur  or 
operator. 

Duties  of  person  in  control  of  vehicle  on  approaching  horses. 

§  7.  Every  person  having  control  or  charge  of  an  automobile 
or  motor  vehicle  shall,  whenever  upon  any  public  street  or  way 
and  approaching  any  vehicle  drawn  by  a  horse  or  horses,  or 
approaching  any  horse  upon  which  any  person  is  riding,  operate, 
manage  and  control  such  automobile  or  motor  vehicle  in  such 
manner  as  to  exercise  every  reasonable  precaution  to  prevent  the 
frightening  of  such  horse  or  horses  and  to  insure  the  safety  and 
protection  of  such  persons  so  driving  or  riding  the  same.  And 
if  such  horse  or  horses  appear  to  be  frightened  and  the  driver  of 
said  horse  or  horses  shall  stop  them,  because  of  such  fright,  the 
person  in  control  of  such  automobile  or  motor  vehicle  shall  stop 
the  same,  and  shall  not  proceed  further  towards  said  horse;  or 
horses  until  they  shall  have  passed  said  automobile  or  motor  vehicle 
or  shall  have  reached  a  place  of  safety,  unless  the  rider  or  driver 
of  such  horse  or  horses  shall  signal  the  person  having  in  charge 
such  automobile  or  motor  vehicle,  to  advance. 

Speed  regulations. 

§  8.  No  automobile  or  motor  vehicle  shall  be  run  on  any  public 
way  or  private  way  laid  out  under  the  authority  of  statute  out- 
side the  limits  of  a  city  or  incorporated  village,  or  the  thickly 
settled  business  part  of  a  town  or  fire  district  at  a  speed  exceeding 
fifteen  miles  an  hour,  within  a  city,  incorporated  village  or 
thickly  settled  or  business  part  of  a  town  or  fire  district,  at  a 
speed  exceeding  ten  miles  an  hour.  Upon  approaching  a  crossing 
of  intersecting  ways,  also  in  traversing  a  crossing  or  intersection, 
and  in  going  round  a  corner,  or  a  curve  in  a  highway,  every  per- 
son operating  an  automobile  or  motor  vehicle,  shall  run  it  at  a 
rate  of  speed  less  than  that  thereinbefore  specified  and  at  no  time 
greater  than  is  reasonable  and  proper,  having  regard  to  traffic 
and  the  use  of  way  and  the  safety  of  the  public,  and  in  no  event 
exceeding  six  miles  an  hour. 

Revocation  of  certificate  or  license,   penalty  for  violations. 

§  9.  The  secretary  of  state  or  agent  thereof  may,  after  due 
hearing,  suspend  or  revoke  a  certificate  issued  under  section  one 


304  Automobile  Enactments. 

of  this  act,  or  the  license  issued  to  any  person  under  section  four 
of  this  act,  for  any  cause  which  he  may  deem  sufficient;  and  any 
person  convicted  of  violating  any  provision  of  this  act  shall  be 
punished  by  a  fine  of  not  more  than  fifty  dollars  for  a  first  offense, 
and  of  not  more  than  one  hundred  dollars,  or  imprisonment  for  a 
term  of  ten  days  for  each  subsequent  offense.  Any  person  con- 
victed of  operating  or  causing  or  permitting  any  other  person  to 
operate,  an  automobile  or  motor  vehicle  after  revocation  or  sus- 
pension of  this  certificate  or  license  granted  under  this  act  for 
such  vehicle  shall  be  punished  by  a  fine  of  not  less  than  fifty 
dollars  or  more  than  two  hundred  dollars,  or  by  imprisonment  for 
a  term  of  ten  days,  or  both.  A  court  convicting  any  person  of 
violating  any  of  the  provisions  of  this  act,  shall  at  once  notify 
the  secretary  of  state  of  such  conviction,  with  the  number  or 
mark  of  the  machine,  owned  or  driven  by  him,  and  all  other  in- 
formation obtained.  This  shall  be  recorded  by  the  secretary  of 
state,  and  if  at  any  time  it  shall  appear  that  any  person,  owner 
or  driver  of  an  automobile  or  motor  vehicle,  used  in  different 
cities,  villages  or  towns  of  this  state,  has  been  convicted  of  a  first 
offense  in  more  than  one  court  in  the  state,  the  fact  of  this  con- 
viction shall  be  deemed  a  second  or  subsequent  offense,  and  the 
person,  owner  or  driver  shall  be  subject  to  further  prosecution  by 
the  secretary  of  state. 

Brakes,  mufflers  and  lights. 

§  10.  Every  automobile  or  motor  vehicle  operated  in  this  state 
shall  be  provided  with  an  adequate  brake,  with  a  muffler  and  with 
a  suitable  bell,  horn  or  other  means  of  signalling  and  shall,  in 
going  around  a  corner  or  curve  in  a  highway  or  on  approaching 
intersection  of  streets  signal  with  bell  or  horn  and  during  the 
period  from  one  hour  after  sunset  to  one  hour  before  sunrise, 
display  lights,  with  the  registered  number  or  mark  thereon,  of 
such  size  as  may  be  prescribed  by  the  secretary  of  state. 

Vehicle  to  be  provided  with  locks  and  keys. 

§  11.  Every  automobile  or  motor  vehicle  shall  be  provided  with 
a  lock,  key  or  other  device  to  prevent  said  vehicle  from  being  set 
in  motion  by  its  own  motive  power,  and  no  person  shall  allow  any 
such  vehicle  operated  by  him  to  stand  or  remain  unattended  in 


Vermont.  •'!<>:> 

any  street,  avenue,  road,  alley,  highway,  park,  parkway  or  other 
public  place  without  first  locking  or  making  fast^the  vehicle  as 
herein  provided. 

Payment  of  fees. 

§  12.  The  fees  received  under  the  provisions  of  this  act  shall 
be  paid  quarterly  by  the  secretary  of  state,  into  the  treasury  of 
the  state,  and  such  expenses  as  may  be  necessary  in  carrying 
out  the  provisions  of  this  act  shall  be  paid  out  of  the  treasury  of 
the  state  and  any  unexpended  balance  thereof  the  treasurer  shall 
add  to  the  highway  fund  and  shall  apportion  it  as  the  state  high- 
way fund  is  now  apportioned,  for  the  construction  of  permanent 
highways. 

Definition  of  terms. 

§  13.  The  terms  "  automobile "  and  "  motor  vehicle "  as  used 
in  this  act  shall  include  all  vehicles  propelled  by  power  other  than 
muscular  power,  excepting  railroad  and  railway  cars  and  motor 
vehicles  running  only  upon  rails  or  tracks  and  steam  road  rollers. 

No.  64  of  acts  of  1902  repealed. 

§  14.  Number  sixty-four  of  the  acts  of  nineteen  hundred  and 
two  is  hereby  repealed. 

Takes  effect  from  passage. 

§  15.  Except  as  otherwise  herein  provided  this  act  shall  take 
effect  from  its  passage. 

Approved  December  10,  1904. 
20 


VIRGINIA. 

Compliance  with  statute,  definition  of  terms. 

Sec.  1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  that 
it  shall  be  unlawful  for  any  person  or  persons  except  in  accord- 
ance with  the  provisions  of  this  act  to  run,  drive  or  operate  any 
automobile,  locomobile  or  any  vehicle  of  any  kind,  the  motive 
power  of  which  shall  be  electricity,  steam,  gas,  gasoline  or  any 
other  motive  power  except  animals,  and  which  said  vehicles  shall 
hereafter  be  called  machines  in  this  act,  on  or  along  or  across  any 
public  road,  street,  alley,  highway,  avenue  or  turnpike  of  any 
county,  city,  town  or  village  in  the  state  of  Virginia,  except  and 
until  such  person  shall  comply  with  section  two  of  this  act. 

Registration,  certificate,  number  plate  fee,  loss  of  certificate. 

§  2.  Every  owner  of  a  machine  shall  register  the  same  by  mak- 
ing application  to  the  secretary  of  the  commonwealth  for  a  certifi- 
cate of  registration.  The  application  must  contain  the  name  of 
the  applicant  and  his  address  and  place  of  residence,  the  name  and 
a  brief  description  of  the  machine,  with  the  number,  if  any,  as 
fixed  by  the  maker. 

(a)  The  secretary  of  the  commonwealth  shall  issue  a  certificate 
of  registration  in  duplicate,  giving  the  machine  in  question  a 
number  which  shall  distinguish  it.  One  of  the  certificates  of 
registration  must  be  firmly  attached  to  the  machine  in  an  easily 
accessible  place,  and  shall  be  in  form,  as  follows: 

This  is  to  certify  that is  the  owner  of  a  machine 

numbered  . 

That  his    (or  her)    residence  is  ;   his    (or  her) 

post-office  address  is  ,  and  that  he   (or  she)   hath 

obtained  this  certificate  according  to  law  on  the  day  of 

,  nineteen  hundred  and  . 

Teste : 


Secretary  of  the  Commonwealth  of  Virginia. 
[306] 


Virginia.  307 

(b)  A  number  plate  must  also  be  delivered  to  tbe  applicant  by 
tbe  secretary  of  tbe  commonwealth  upon  which  tbe  number  as- 
signed must  be  painted  in  Arabic  numerals,  not  less  than  four 
inches  in  height,  followed  by  the  letters  "  VA."  And  this  plate 
must  always  be  in  evidence  upon  the  rear  of  the  machine. 

(c)  The  fee  for  the  certificate  and  plate  shall  be  two  dollars 
($2.00),  which  amount  shall  be  paid  to  the  secretary  of  the  com- 
monwealth. 

(d)  If  the  owner  of  a  machine  shall  furnish  satisfactory  proof 
of  the  loss  of  his  certificate  of  registration  or  number  plate,  then 
the  secretary  of  the  commonwealth  shall  furnish  one  or  both, 
giving  the  same  number  as  originally  held,  upon  the  payment  of 
the  fee  designated  in  sub-section  c  of  this  section. 

Lamps. 

§  3.  Every  machine  operator  in  this  state  shall  have  displayed 
from  one  hour  after  sunset  to  one  hour  before  sunrise  at  least 
one  white  light  throwing  a  bright  light  at  least  one  hundred  feet 
in  the  direction  in  which  the  machine  is  going,  and  also  shall 
exhibit  on  the  rear  of  the  machine  one  red  light,  which  shall 
effectually  illumine  the  number  tag  on  the  rear. 

Sale  of  machine,  new  certificate. 

§  4.  Should  the  owner  part  with  the  machine  or  any  interest  in 
it  in  the  year  following  the  date  of  the  certificate,  it  shall  be  the 
duty  of  the  purchaser  to  take  out  a  new  certificate  in  accordance 
with  the  provisions  of  this  act ;  nor  shall  the  number  of  any 
machine  be  changed  during  the  life  of  the  certificate,  and  there 
shall  be  only  one  number  placed  on  each  machine. 

Speed  rates. 

§  5.  An  operator  of  a  machine  shall  not  drive  in  tbe  corporate 
limits  of  any  city  or  town  at  a  greater  rate  of  speed  than  twelve 
(12)  miles  an  hour.  Outside  of  the  corporate  limits  of  any  city 
or  town  a  speed  of  fifteen  miles  an  hour  is  permissible,  except 
in  going  around  curves,  down  sharp  declines,  or  at  the  intersection 
of  any  cress-roads,  or  over  the  crest  of  hills,  or  in  passing  other 
vehicles  or  riders  on  roadways,  when  a  rate  of  speed  that  will 
tend  to  avoid  danger  must  be  observed. 


308  Automobile  Enactments. 

Duty  to  exhibit  certificate. 

§  6.  It  shall  be  the  duty  of  the  owner  or  the  driver  of  every 
machine  run  upon  any  turnpike  upon  passing  a  toll-gate  to  ex- 
hibit his  certificate  to  the  toll-gate  keeper  who  shall  enter  the  name 
and  address  of  the  owner  and  the  number  of  the  machine,  together 
with  the  hour  and  day  of  the  passage  through  the  gate  of  the 
machine,  in  a  book  kept  for  such  purposes,  which  book  shall  be 
furnished  all  the  toll-gate  keepers  by  the  several  boards  of  super- 
visors. And  it  shall  be  the  duty  of  the  owner  or  driver  of  any 
machine  to  produce  his  certificate  for  inspection  when  so  re- 
quested by  the  sheriff  or  any  constable,  policeman  or  peace  officer. 

Final  disposition  of  certificate  fees. 

§  7.  Of  the  two  dollars  ($2.00)  to  be  paid  for  the  certificate 
fifty  (50)  cents  shall  be  retained  by  the  clerk  for  the  issuance 
of  such  certificate,  and  the  balance  shall  be  turned  over  to  the 
treasurer  of  the  county  or  city  and  placed  to  the  credit  of  said 
county  or  city  for  the  purpose  of  reimbursing  said  county  or  city 
for  the  expense  entailed  by  this  act. 

Special  speed  rates. 

§  8.  The  following  rate  of  speed  may  be  maintained,  but  shall 
not  be  exceeded  on  any  of  the  highways  set  forth  in  section  one, 
of  any  city,  town  or  village,  or  county  in  this  state  by  any  one 
driving  a  machine. 

(a)  A  speed  of  eight  miles  an  hour  around  curves  or  bends  or 
where  the  roadway  is  not  plainly  visible  for  a  distance  of  two  hun- 
dred feet  ahead,  and  at  the  intersection  of  prominent  cross-roads 
when  such  road  or  highway  passes  through  the  open  country. 

(b)  A  speed  of  eight  miles  per  hour  where  a  street  or  highway 
passes  the  built  up  portions  of  a  city,  town  or  village. 

(c)  A  speed  of  eight  miles  an  hour  at  points  on  any  public 
highway  when  there  is  a  gathering  of  horses  or  persons.  Other- 
wise the  rate  of  speed  may  be  fifteen  miles  per  hour,  but  not  more, 
and  this  rate  is  subject  to  the  conditions  set  forth  in  the  succeed- 
ing sections  of  this  act. 

Duties  on  meeting  horses,  et  cetera. 

§  9.  The  owner,  operator,  conductor,  driver  or  occupant  of  pnv 
such  machine  shall  keep  a  careful  look  ahead  for  the  approach  of 


Virginia. 

horseback  riders  or  vehicles  drawn  by  horses  or  other  animal 
upon  the  approach  of  such  riders  or  vehicles  -Ik,!!-  !  a  {l\>,  keep 
his  machine  under  thorough  and  careful  control,  give  ample  road 
way  to  such  rider  or  vehicle,  and  if  signalled  by  such  rider  or 
occupant  of  such  vehicle,  or  be  otherwise  requested  thereto,  shall 
immediately  bring  his  vehicle  to  a  full  stop  and  allow  ample 
room  and  time  to  allow  such  rider  or  vehicle  to  pass.  And  if 
requested  so  to  do  by  the  said  rider  or  the  occupanl  of  said 
vehicle,  the  owner,  operator,  conductor,  driver  or  occupant,  if  a 
male,  of  any  such  machine,  shall  lead  the  horse  or  horses  past  his 
machine.  Should  any  horse  ridden  or  driven  in  an  opposite  direc- 
tion to  that  which  the  machine  is  traveling,  give  evidence  of 
fright  then  the  duty  of  the  driver  shall  he  the  same  as  if  he  had 
been  signalled  to  by  the  rider  of  the  horse  or  the  occupant  of  the 
vehicle. 

Duty  upon  overtaking  horses;  lock,  brakes  and  bell. 

§  10.  When  the  operator,  owner,  occupant,  conductor,  or  driver 
of  such  machine  overtakes  a  horse  or  vehicle  traveling  in  the 
same  direction  with  himself  he  shall  slow  down  his  speed,  signal 
for  the  road  by  bell  or  gong  or  horn,  and  if  the  horse  or  other 
vehicle  stop,  shall  pass  at  a  rate  of  speed  not  greater  than  four 
miles  per  hour.  Should  such  vehicle  or  ridden  horse  not  stop 
and  the  said  operator,  owner,  driver,  conductor  or  occupant  of 
said  machine  desire  to  pass  he  shall  do  so  at  a  rate  of  speed  not 
greater  than  may  be  necessary,  and  shall  in  all  eases  use  due 
diligence  and  care  not  to  frighten  the  horse,  or  horses.  In  case  of 
a  machine  passing  a  horse  or  vehicle  going  in  the  same  direction 
the  provisions  of  section  nine  of  this  act  shall  apply  to  the  opera- 
tor, owner,  driver,  occupant  or  conductor  of  the  machine,  except 
that  in  such  case  the  horse  or  horses  shall  be  held  until  the  horse 
or  horses  become  quiet,  and  then  the  machine  may  proceed. 

Every  machine  shall  be  provided  with  a  lock,  key  or  other  device 
to  prevent  its  being  set  in  motion,  and  no  person  shall  allow  any 
such  machine  operated  by  him  to  stand  or  remain  unattended  in 
any  street,  avenue,  road,  alley,  highway,  park,  parkway  or  any 
other  public  place  without  first  locking  or  making  fast  the  machine 
as  above  provided. 

Every   machine   shall   be   provided   with   a   good    and   sufficient 


310  Automobile  Enactments. 

brake,  or  brakes,  and  shall  also  be  provided  with  a  suitable  bell, 
horn  or  other  signal  device. 

Penalties  for  violation,  appeal. 

§11.  Any  person  failing  to  perform  any  duty  imposed  by  any 
section  of  this  act,  or  violating  any  provision  or  condition  herein 
set  forth,  shall  for  each  offense  be  fined  not  less  than  ten  dollars 
or  more  than  one  hundred  dollars,  or  imprisoned  in  jail  not  less 
than  five  nor  more  than  thirty  days,  or  both,  in  the  discretion  of 
the  justice  of  the  peace  before  whom  the  case  may  be  tried.  An 
appeal  may  be  taken  to  the  circuit  court  of  the  county  or  cor- 
poration or  hustings  court  of  the  city,  in  accordance  with  the 
general  law  governing  appeals  in  misdemeanor  cases. 

Liability  for  damages,  seizure  of  machine,  service  of  process. 

§  12.  In  addition  to  such  fine  or  imprisonment  any  person  vio- 
lating any  of  the  provisions  of  this  act  shall  be  liable  for  damages 
actually  incurred  by  reason  of  such  violation  and  the  machine 
may  be  seized  and  impounded  anywhere  in  any  county  or  city  of 
this  state,  upon  the  order  of  a  justice  of  said  county  or  city  in 
which  the  offense  is  committed,  and  may,  by  order  of  the  justice, 
be  sold  to  pay  such  fine  or  damage.  But  before  any  judgment 
shall  be  entered  in  said  proceeding  the  owner  of  such  machine 
shall  have  notice  of  the  same  by  publication  or  otherwise,  accord- 
ing to  law  and  allowed  an  opportunity  to  make  defense,  and  the 
driver  of  the  machine  shall  be  deemed  an  agent  of  the  owner  for 
the  purpose  of  serving  process. 

Conditions  governing  sale  of  machine  under  judgment. 

§  13.  In  case  when  any  such  machine  shall  be  impounded  as 
provided  in  the  preceding  section  and  judgment  be  against  the 
owner,  the  sheriff,  constable  or  sergeant,  as  the  case  may  be,  shall 
fix  upon  a  time  and  place  for  the  sale  thereof,  and  post  notices 
of  the  same  for  at  least  ten  days  before  the  day  of  the  sale,  at 
three  or  more  public  places  in  his  county  or  corporation,  and  shall 
publish  notice  of  sale  in  some  newspaper  published  in  the  county 
or  city  for  two  consecutive  weeks.  At  the  time  and  place  so 
appointed  such  officer  shall  sell  to  the  highest  bidder  for  cash  the 
said  machine;  and  the  surplus,  if  any  there  be  after  deducting  the 
amount  of  fine,  cost  and  damage,  shall  be  paid  to  the  owner  of  the 
machine. 


Virginia.  311 


Application  of  this  act. 

§  14.  This  act  shall  apply  to  all  counties  in  ttiis  state  whose 
board  of  supervisors  shall,  by  a  recorded  vote,  adopt  the  same  aid 
to  none  other,  and  upon  such  adoption  this  act  as  to  such  county 
shall  become  immediately  operative. 

Limitations  of  act. 

§  15.  Nothing  in  this  act  shall  apply  to  the  machines  known 
as  traction  engines,  or  to  any  locomotive  engine  or  electric  car 
running  on  rails  or  motor  bicycles.  Nor  shall  it  apply  to  any 
incorporated  city  or  town  which  now,  or  shall  hereafter  have 
ordinances  governing  the  operation  of  machines  within  their  cor- 
porate limits,  unless  the  council  of  such  city  or  town  shall  adopt 
this  act  in  accordance  with  the  provisions  of  section  twenty;  and 
nothing  contained  in  this  act  shall  affect  the  right  of  any  person 
injured  in  his  person  or  property  by  the  negligent  operation  of 
any  machine  to  sue  and  recover  damages  as  heretofore. 

Duty  of  board  of  supervisors  or  council. 

§  16.  Every  board  of  supervisors  or  council  adopting  this  act 
shall  at  once  notify  the  secretary  of  the  commonwealth,  who  shall 
keep  a  record  of  the  counties  or  cities  so  adopting  open  to  public 
inspection. 

ACT  OF  VIRGINIA,  APPROVED  DECEMBER  20,   1902. 

An  Act  to  Regulate  the  Running  of  Automobiles,  Locomobiles, 
and  Other  Vehicles  and  Conveyances  Whose  Motive  Power 
is  Other  than  Animals,  and  Motor  Bicycles  and  Tricycles, 
Along  or  Over  the  Public  Highways  of  the  State,  and  the 
Avenues,  Streets,  and  Alleys  of  the  Cities. 

Speed. 

Sec.  1.  Be  it  enacted  by  the  general  assembly  of  Virginia,  That 
it  shall  be  unlawful  for  any  person  or  persons  to  run,  or  cause  to 
be  run,  automobiles,  locomobiles,  or  other  such  vehicles  or  carriage 
which  has  for  its  motive  power  and  is  propelled  by  steam,  elec- 
tricity, gasoline,  or  any  power  other  than  animal  power,  and  motor 
bicvdes  and  tricycles  along  or  across  any  public  road  or  highway, 


312  Automobile   Enactments. 

or  any  avenue,  street,  or  alley  of  any  city  in  the  state  of  Virginia, 
at  a  greater  rate  of  speed  than  fifteen  miles  per  hour. 

Duty  upon  meeting  horses,  et  cetera. 

§  2.  The  operator,  owner,  conductor,  driver  or  occupant  of  any 
such  vehicle,  or  the  rider  of  any  such  motor  bicycle  or  tricycle,  shall 
keep  a  careful  look  ahead  for  the  approach  of  horseback  riders  or 
vehicles  drawn  by  horses  or  other  animal,  shall  check  speed,  keep 
his  vehicle,  bicycle,  or  tricycle,  as  the  case  may  be,  under  thorough 
and  careful  control,  give  ample  roadway  to  such  rider  or  vehicle, 
and,  if  signalled  by  such  rider  or  occupant  of  such  vehicle,  or  be 
otherwise  requested  thereto,  shall  immediately  bring  his  machine  or 
vehicle,  bicycle  or  tricycle,  as  the  case  may  be,  to  a  full  stop  and 
allow  ample  time  to  such  rider  or  vehicle  to  pass. 

Passing   horses. 

§  3.  When  the  operator,  owner,  conductor,  driver,  or  occupant 
of  any  such  vehicle  or  machine,  or  the  rider  of  any  such  bicycle 
or  tricycle,  as  is  described  in  the  first  section,  overtakes  a  horse  or 
vehicle  traveling  in  same  direction  with  himself,  he  shall  slow 
down  his  speed,  signal  for  the  road  by  bell  or  gong,  and  if  the 
other  vehicle  stops,  shall  pass  at  a  rate  of  speed  not  greater  than 
four  miles  per  hour.  Should  the  vehicle  or  traveler  not  stop,  and 
the  said  operator,  owner,  conductor,  driver,  or  occupant  of  such 
vehicle,  or  rider  of  any  such  bicycle  or  tricycle  desire  to  pass,  he 
shall  do  so  at  a  rate  of  speed  not  greater  than  may  be  necessary, 
and  shall  in  all  cases  use  due  diligence  and  care  not  to  frighten  the 
horse  or  horses. 

Penalties. 

§  4.  Any  one  violating  the  provisions  of  this  act  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars,  to  be 
assessed  by  a  justice  of  the  peace,  and  in  addition  thereto  shall  be 
liable  for  damages  actually  incurred  by  reason  of  such  neglect,  and 
the  automobile,  locomobile,  or  such  other  vehicle  or  machine,  bi- 
cycle or  tricycle,  may  be  seized  and  impounded  anywhere  in  the 
commonwealth  upon  the  order  of  a  justice  of  the  county  or  cor- 
poration in  which  the  offense  is  committed,  and  may,  by  the  order 
of  such  justice,  be  sold  to  pay  such  fines  or  damages. 


Virginia.  313 

Impounding  and  sale  of  automobile,  et  cetera. 

§  5.  In  any  case  where  any  automobile,  Locjs&bile,  or  such 
other  vehicle  or  machine,  motor  bicycle  or  tricycle,  shall  be  im- 
pounded as  provided  in  preceding  section,  the  officer  shall  tix  upon 
a  time  and  place  for  the  sale  thereof,  and  post  notice  of  san 
least  ten  days  before  day  of  sale  a1  three  or  more  public  places  in 
his  county  or  corporation,  and  shall  publish  notice  of  sale  in 
paper  published  in  his  county  or  corporation  (if  there  be  one  pub- 
lished therein)  for  two  consecutive  weeks.  At  the  time  and  place 
so  appointed  such  officer  shall  sell  to  the  highesl  bidder,  for  cash, 
the  said  automobile,  locomobile,  or  other  vehicle  or  machine,  motor 
bicycle  or  tricycle,  and  the  surplus,  if  any  there  be,  after  deducting 
the  amount  of  the  fine,  cost  and  damage,  shall  be  paid  to  the  owner 
of  said  property. 

Application  of  act. 

§  6.  This  act  shall  not  apply  to  incorporated  towns  or  cities 
which  now  or  shall  hereafter  have  ordinances  regulating  speed  of 
the  vehicles  or  machines  mentioned  in  the  preceding  sections. 

When  act  takes  effect. 

§  7.  This  act  shall  be  in  force  from  its  passage. 


WASHINGTON. 

Compliance  with  sections  two,  four  and  five  of  this  act  neces- 
sary. 

Sec.  1.  No  automobile  or  motor  vehicle  shall  be  used  or 
operated  on  any  public  road,  highway,  park  or  parkway,  street 
or  avenue  within  the  state  until  the  owner  shall  have  complied 
with  sections  two,  four  and  five  of  this  act. 

Owner's  statement,  certificate. 

§  2.  The  owner  of  every  automobile  or  motor  vehicle  shall  file 
in  the  office  of  the  secretary  of  state  annually  before  June  first 
a  statement  of  his  name  and  address,  together  with  a  brief  descrip- 
tion of  every  such  vehicle  owned  by  him,  and  shall  obtain  from 
said  secretarv  a  number  certificate  for  each  of  said  vehicles,  which 
certificate  shall  state  the  name  of  the  owner  of  such  vehicle  and 
that  he  has  registered  in  accordance  with  the  provisions  of  this 
act.  These  certificates  shall  be  numbered  consecutively,  beginning 
with  one. 

Record. 

§  3.  The  secretary  of  state  shall  keep  a  record  of  all  such  state- 
ments and  of  all  certificates  issued  by  him,  with  their  numbers. 

Fees. 

§  4.  The  fee  for  issuing  said  certificate  shall  be  two  dollars 
and  the  fee  for  each  renewal  thereof  shall  be  two  dollars. 

Number  must  be  displayed. 

§  5.  The  number  of  each  certificate,  preceded  by  the  letters 
"  Wn,"  shall  be  displayed  upon  the  back  of  such  automobile  or 
motor  vehicle  in  light  colored  Arabic  numerals  at  least  four 
inches  high  on  a  dark  background. 

Non-residents  exempted. 

§  6.  The  provisions  of  the  previous  sections  shall  not  apply  to 
automobiles,  motor  vehicles  or  motor  cycles  owned  and  operated 

[314] 


Washington.  315 

by  non-residents  of  this  state:  Provided,  the  owners  thereof  have 
complied  with  any  law  requiring  the  registrators  -of  owners  of 
automobile,  motor  vehicles  or  motor  cycles  in  force  in  the  state, 
territory  or  federal  district  of  their  residence,  and  the  registra- 
tion number  showing  the  initial  of  such  state,  territory  or  federal 
district  shall  be  displayed  on  such  vehicle  substantially  as  pro- 
vided by  section  five  of  this  act. 

Lamps,  showing  number. 

§  7.  Every  automobile  or  motor  vehicle  when  driven  on  any 
public  road,  highway,  park  or  parkway,  street  or  avenue  within 
this  state  shall,  during  the  hours  of  darkness,  have  fixed  upon  some 
conspicuous  part  thereof  at  least  one  lighted  lamp,  showing  white 
to  the  front  and  red  to  the  rear,  and  shall  have  the  license  or  certifi- 
cate number  of  said  vehicle  painted  in  dark  Arabic  numerals 
across  the  white  glass  in  said  lamp. 

Muffler,  brakes  and  bell,  meeting  and  passing  vehicles. 

§  8.  Every  automobile  or  motor  vehicle  using  gasoline  as 
motive  power  shall  use  the  "muffler,"  so-called,  and  the  same 
shall  not  be  cut  out  or  disconnected  within  the  limits  of  any 
city  or  village  within  this  state.  Every  automobile  or  motor 
vehicle  shall  be  provided  with  good  and  efficient  brakes  and  with 
a  bell  or  horn,  which  shall  be  rung  or  blown  whenever  there  is 
danger  of  collision  or  accident.  The  driver  or  operator  of  every 
automobile  or  motor  vehicle  shall  turn  to  the  right  in  meeting 
vehicles,  teams  and  persons  moving  or  headed  in  an  opposite 
direction,  and  turn  to  the  right  in  passing  vehicles,  teams  and 
persons  moving  or  headed  in  the  same  direction. 

Duties  upon  meeting  horses,  et  cetera. 

§  9.  Every  person  having  control  or  charge  of  any  automobile 
or  motor  vehicle,  whenever  upon  any  public  street  or  way,  and 
aproaching  any  vehicle  drawn  by  a  horse  or  horses  or  any  horse 
upon  which  any  person  is  riding,  shall  operate,  manage  and  con- 
trol such  automobile  or  motor  vehicle  in  such  manner  as  to 
exercise  every  reasonable  precaution  to  prevent  the  frightening  of 
any  such  horse  or  horses,  and  to  insure  the  safety  and  protection 
of  any  person  riding  or  driving  the  same.  And  if  such  horse  or 
horses   appear    frightened,    the   person    in    control    of   such    motor 


316  Automobile  Enactments. 

vehicle  shall  reduce  its  speed,  and,  if  requested  by  signal  or  other- 
wise by  the  driver  of  such  horse  or  horses,  shall  not  proceed  fur- 
ther towards  such  animal  unless  such  movement  be  necessary  to 
avoid  accident  or  injury,  or  until  such  animal  appears  to  be  under 
the  control  of  its  rider  or  driver. 

Speed  rates. 

§  10.  No  person,  driver  or  operator  in  charge  of  any  automo- 
bile or  motor  vehicle  on  any  public  road,  highway,  park  or  park- 
way, street  or  avenue,  within  the  state  shall  drive,  operate,  move 
or  permit  the  same  to  be  driven,  operated  or  moved  at  a  rate  of 
speed  faster  than  one  (1)  mile  in  five  (5)  minutes  within  the 
thickly  settled  or  business  portion  of  any  city  or  village  within 
this  state,  nor  outside  of  such  thickly  settled  or  business  portion 
of  any  city  or  village  on  any  public  road,  highway,  park  or  park- 
way, street  or  avenue,  at  a  rate  of  speed  faster  than  one  (1)  mile 
in  two  and  one-half  (2M>)  minutes;  nor  over  any  crossing  or 
crosswalk  within  the  limits  of  any  city  or  village  at  a  rate  faster 
than  one  mile  in  fifteen  (15)  minutes  when  any  person  is  upon 
the  same. 

Speed  must  be  reasonable,  racing  forbidden. 

§  11.  No  person  driving  or  in  charge  of  any  automobile  or 
motor  vehicle  on  any  highway,  townway,  public  street,  avenue, 
driveway,  park  or  parkway,  shall  drive  the  same  at  any  speed 
greater  than  is  reasonable  and  proper,  having  regard  to  the  traffic 
and  use  of  the  way  by  others,  or  so  as  to  endanger  life  or  limb  of 
any  person ;  and  racing  any  such  vehicle  on  any  way  or  parks  is 
hereby  forbidden. 

Local  ordinances  prohibited,  exception. 

§  12.  Cities,  towns  and  counties  shall  have  no  power  to  pass, 
enforce  or  maintain  any  ordinance,  rule  or  regulation  requiring 
of  any  owner  or  operator  of  any  automobile  or  motor  vehicle  any 
license  or  permit  to  use  the  public  roads,  highways,  park  or  park- 
ways, streets  or  avenues,  or  excluding  or  prohibiting  any  automo- 
bile or  motor  vehicle  whose  owner  has  complied  with  sections 
two,  four  and  five  of  this  act  from  the  free  use  of  such  public 
road,  highway,  park  or  parkways,  street  or  avenue,  and  all  such 


Washington.  31*3 

ordinances,  rules  and  regulations  qow  in  force  are  hereby  declared 
to  be  of  no  validity  or  effect  :  Provided,  that  noftihi^  in  this  act 
shall  be  construed  as  limiting  the  power  of  local  authorities  to 
make,  enforce  and  maintain  ordinances,  rules  or  regulations  in 
addition  to  the  provisions  of  this  act,  affecting  automobiles  or 
motor  vehicles  which  are  offered  to  the  public  for  hire. 

Punishment  for  violation. 

§  13.  The  violation  of  any  of  the  provisions  of  this  act  shall  bo 
deemed  a  misdemeanor,  punishable  by  a  fine  not  exceeding  one 
hundred  dollars. 

Approved  March  11,  1905. 


WEST  VIRGINIA. 

Subdivision  2  of  section  2  of  Chapter  32  of  the  Code  of  West 
Virginia  provides  that  a  license  is  necessary  to  "  maintain  or  oper- 
ate an  automobile  or  vehicle  of  like  nature."  Section  3  of  Chapter 
32  of  the  Code  provides  that  not  less  than  $20  and  not  more  than 
$100,  and  in  the  discretion  of  the  court  imprisonment  for  not  more 
than  three  months,  may  be  imposed  as  penalties  upon  conviction  of 
a  violation  of  this  provision  of  law.  Chapter  32  of  the  Code  re- 
lating to  licenses,  is  as  follows   : 

Licenses,  in  general,  when  issued. 

§  10.  The  state  licenses  mentioned  in  the  first  section  shall  be 
issued  only  when  authorized  by  the  county  court  of  the  county, 
except  as  herein  otherwise  provided,  and  except  further,-  that 
where  the  act,  occupation  or  business  for  which  such  state  license 
is  necessary  is  to  be  done  or  carried  on  in  an  incorporated  city, 
village  or  town,  the  license  shall  be  issued  only  when  authorized, 
under  the  charter  of  said  city,  village,  or  town,  by  the  council 
or  license  court  thereof,  as  well  as  by  the  county  court;  provided, 
that  no  license  shall  be  issued  for  the  sale  of  intoxicating  liquors 
within  two  miles  of  the  limits  of  any  incorporated  city,  town,  or 
village  without  the  consent  of  the  council  thereof  first  obtained, 
unless  the  same  be  in  another  incorporated  city,  town  or  village 
in  which  there  is  no  such  license. 

Application  for  licenses  in  general. 

§  11.  Every  person  desiring  to  obtain  a  state  license  shall 
apply  for  a  certificate  therefor  to  the  clerk  of  the  county  court, 
except  as  hereinafter  provided.  The  words  "  clerk  of  the  county 
court "  as  used  in  this  chapter  shall  in  each  instance  be  con- 
strued to  mean  the  clerk  of  the  county  court  who  acts  as  the 
recorder  of  said  county. 

A  license  may  be  revoked  as  follows: 

§  34.  The  county  or  license  court  or  council  who  authorized 
any  license  mentioned   in  the  first  section  may,   for  good  cause 

[318] 


West  Virginia.  319 

shown,  revoke  the  same,  upon  the  petition  in  writing  of  any  in- 
habitant of  the  county  or  town.  But  the  peraan-  holding  the 
license  must  first  have  reasonable  notice  of  the  proposed  revoca- 
tion and  the  privilege  of  being  heard  in  person  or  by  counsel. 
After  such  revocation  the  license  shall  be  of  no  effect  to  protect 
him  from  any  penalty  imposed  by  this  chapter. 

Fees  for  license  are  as  follows: 

§  38.  For  every  order  entered  authorizing  a  state  license  or 
assignment  of  the  same,  the  clerk  of  the  tribunal  making  the 
order  shall  be  entitled  to  a  fee  of  fifty  cents.  For  every  certifi- 
cate for  a  license  or  alteration  or  assignment  of  such  license,  the 
clerk  issuing  the  same  shall  be  entitled  to  a  fee  of  fifty  cents. 
The  said  fees  shall  be  paid  by  the  person  on  whose  application  the 
license  is  issued,  or  the  alteration  or  assignment  made. 

The  license  is  only  granted  for  a  limited  period  as  follows. 

§  39.  Every  state  license  for  any  purpose  mentioned  in  sections 
one  and  two  of  this  chapter,  except  as  hereinafter  otherwise 
provided,  shall  expire  on  the  thirtieth  day  of  April,  next  after  the 
commencement  thereof.  If  granted  for  a  less  time  than  a  year 
the  state  tax  thereon  shall  be  computed  from  the  annual  tax  in 
proportion  to  such  time  as  the  license  has  to  run. 

A  special  provision  exists  for  licensing  automobiles  as  follows: 

§  44.  A  license  to  maintain  an  automobile  shall  be  granted 
by  the  auditor  to  the  owner  thereof,  and  shall  be  co-extensive 
with  the  state.  Such  licenses  shall  be  numbered  consecutively  and 
a  record  shall  be  kept  showing  the  name  of  the  person  to  whom 
each  license  is  granted.  In  addition  to  the  certificate  of  license, 
the  auditor  shall  furnish  to  every  such  licensee  two  metal  tags 
or  plates,  bearing  the  same  number  as  the  license  and  the  word 
"licensed,"  which  shall  be  printed  on  such  tag  or  plate  in  plain 
letters.  One  such  tag  or  plate  shall  be  securely  attached  in  a  con- 
spicuous place  in  the  front  and  the  other  on  the  rear  end  of  such 
automobile.  Any  person  other  than  the  owner  of  the  automobile 
licensed,  who  shall  deface  or  destroy  such  tag  or  plate  shall  be 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
fined  not  less  than  five  dollars  nor  more  than  twenty-five  dollars. 
Duplicates  of  any  such  tag  or  plate  may  he  issued  by  the  auditor 


320  Automobile  Enactments. 

to  the  person  to  whom  the  original  was  issued  upon  the  payment 
of  the  fee  of  one  dollar  for  each.  Any  person  who  shall  maintain 
or  operate  an  automobile  without  such  tag  or  plate  or  with  one 
bearing  any  other  number  than  that  of  the  license  issued  there- 
for, shall  be  guilty  of  a  misdemeanor,  and,  on  conviction  thereof, 
shall  be  fined  not  less  than  twenty  nor  more  than  one  hundred 
dollars.  In  any  controversy  respecting  the  identity  or  ownership 
or  control  of  an  automobile,  the  number  borne  by  it  shall  be 
prima  facie  evidence  that  it  was  owned  and  operated  by  the  per- 
son to  whom  the  license  therefor  was  issued.  If  a  license  for  an 
automobile  be  issued  to  any  person  other  than  the  owner,  it  shall 
be  invalid  and  such  automobile  shall  be  deemed  to  be  maintained 
and  operated  without  a  license. 


WISCONSIN. 

Application,    registration,   fee,    certificate,   number   plates    and 
number. 

Sec.  1.  No  automobile  or  other  similar  motor  vehicle  shall  be 
operated,  ridden  or  driven  along  or  upon  any  of  the  public  high- 
ways of  the  state  unless  the  same  shall  have  been  registered  in 
accordance  with  the  provisions  of  this  act.  Application  for  such 
registration  may  be  made  by  mail  or  otherwise  to  the  secretary  of 
state  upon  blanks  prepared  under  his  authority  for  that  purpose. 
Blank  applications  shall  be  on  file  in  the  offices  of  the  county  clerks 
throughout  the  state.  The  application  shall  contain  a  statement 
of  the  name,  place  of  residence  and  address  of  the  applicant, 
with  a  brief  description  of  the  automobile  or  other  similar  motor 
vehicle  including  the  name  of  such  vehicle,  the  number,  if  any, 
affixed  by  the  maker,  the  character  of  motor  power  and  the 
amount  of  such  motor  power  stated  in  figures  of  horse  power  and 
with  such  applications  shall  be  deposited  a  registration  fee  of 
one  dollar  ($1.00).  The  secretary  of  state  or  his  duly  authorized 
agent  shall  then  register  in  a  book  to  be  kept  for  that  purpose, 
the  automobile  or  other  similar  motor  vehicle  described  in  said 
application,  giving  to  such  automobile  or  other  similar  motor 
vehicle  a  distinguishing  number,  and  shall  thereupon  issue  to 
said  applicant  a  certificate  of  registration  in  duplicate  which 
shall  contain  the  name,  place  of  residence  and  address  of  the 
applicant,  the  registered  number  assigned,  the  date  of  registra- 
tion and  a  brief  description  of  the  automobile  or  other  similar 
motor  vehicle  so  registered.  One  of  said  certificates  of  registra- 
tion shall  always  be  firmly  attached  in  some  accessible  place  in 
the  automobile  or  other  similar  motor  vehicle  described  therein. 
The  secretary  of  state  shall  also  issue  and  deliver  to  such  owner 
an  official  number  plate  which  shall  be  of  uniform  size  and 
design,  containing  in  three  inch  Arabic  numerals,  followed  by 
the  letter  "  W,"  the  distinguishing  number  so  assigned  to  said 
motor  vehicle  which  said  number  plates  shall  be  placed  in  a  con- 
21  [321] 


322  Automobile  Enactments. 

spicuous  place  on  the  rear  of  such  automobile  or  other  similar 
motor  vehicle  and  be  so  kept  and  displayed  at  all  times  where  the 
same  can  be  readily  and  distinctly  seen.  Upon  sale  of  such  auto- 
mobile or  other  similar  motor  vehicle  said  certificate  of  registra- 
tion and  number  plate  may  be  transferred  by  notification  to  the 
secretary  of  state,  giving  name  and  place  of  residence  of  the 
vendee,  said  notice  of  sale  and  transfer  to  be  accompanied  by  a 
fee  of  fifty  cents  to  cover  the  cost  of  said  transfer.  The  proper 
record  of  all  applications  and  of  all  certificates  issued  and  trans- 
fers thereof  made  shall  be  kept  by  the  secretary  of  state  at  his 
office  and  shall  be  open  to  the  inspection  of  all  persons  during 
reasonable  business  hours.  Upon  satisfactory  proof  of  the  loss 
or  destruction  of  any  certificate  of  registration  or  number  plate, 
the  secretary  of  state  shall  issue  a  duplicate  thereof  to  the  owner 
of  such  automobile  or  other  similar  motor  vehicle  upon  the  pay- 
ment of  a  sum  not  exceeding  one  dollar  ($1.00)  to  cover  the  cost 
of  such  duplicate. 

Manufacturer's  or  dealer's  application,   registration,  fees  and 
numbers. 

§  2.  Every  manufacturer  of,  or  dealer  in,  automobiles  or  other 
similar  motor  vehicles  may,  instead  of  registering  each  automo- 
bile or  other  similar  motor  vehicle  owned  or  controlled  by  him 
make  application  upon  a  blank  provided  by  said  secretary  of  state 
for  a  general  distinguishing  number  or  mark,  and  said  secretary 
of  state  shall,  if  satisfied  of  the  facts  stated  in  said  application 
grant  said  application,  and  issue  to  the  applicant  one  certificate 
of  registration,  containing  the  name,  place  of  business  and  ad- 
dress of  the  applicant,  and  also  the  general  distinguishing  num- 
ber or  mark  assigned  to  him  in  quadruplicate  and  made  in  such 
form  and  containing  such  further  provisions  as  said  secretary 
of  state  may  determine;  and  all  automobiles  or  other  motor  vehi- 
cles owned  or  controlled  by  such  manufacturer  or  dealer  except 
those  for  his  own  private  use  shall,  until  sold  or  let  for  hire,  be 
regarded  as  registered  under  such  general  distinguishing  number 
or  mark.  The  fee  for  such  registration,  which  shall  include  four 
distinguishing  numbers  or  marks  shall  be  five  dollars  ($5.00). 
Additional  duplicate  general  distinguishing  numbers  or  marks 
may  be  obtained  by  any  such  manufacturer  or  dealer  upon   ap- 


Wisconsin.  323 

plication  to  the  secretary  of  state  and  the  payment  of  an  additional 
fee  for  each  additional  duplicate  of  not  nrrrrrlingiMmr  dollar  to 
cover  the  cost  thereof.  Upon  satisfactory  proof  of  the  loss  or 
destruction  of  any  such  certificate  or  distinguishing  number  or 
mark  the  secretary  of  state  shall  issue  to  such  dealer  or  manu- 
facturer a  duplicate  thereof  upon  the  payment  of  a  sum  not 
exceeding  one  dollar  ($1.00)  to  cover  the  cost  thereof. 

Speed  rates. 

§  3.  No  person  or  persons  shall  use,  operate,  ride  or  drive  any 
automobile  or  other  similar  motor  vehicle  along  or  upon  any 
public  highway  of  this  state  within  the  corporate  limits  of  any 
city  or  village  at  a  speed  exceeding  twelve  miles  per  hour,  nor 
on  any  of  the  public  highways  outside  the  corporate  limits  of  a 
city  or  village  at  a  speed  exceeding  twenty-five  miles  per  hour; 
provided  that  in  turning  corners,  in  going  around  curves,  at  sharp 
declines,  at  the  intersection  of  any  cross  road,  and  where,  for 
any  cause  the  view  in  the  direction  in  which  the  vehicle  is  pro- 
ceeding, shall  be  obstructed  the  speed  shall  be  reduced  to  such  a 
rate  as  will  tend  to  avoid  danger  of  accident;  the  operator,  when 
such  vehicle  is  in  motion  shall  observe  the  rules  of  the  road. 

Stopping  on  signal,  shutting  off  power  when  automobile  is  left 
unattended. 

§  4.  Every  person  operating  an  automobile  or  other  similar 
motor  venicle  upon  or  along  any  of  the  public  highways  of  this 
state  shall  upon  a  signal  by  putting  up  the  hand,  or  other  sign 
of  distress,  by  a  person  riding  or  driving  a  horse  or  horses  which 
shall  appear  frightened,  cause  such  automobile  or  other  similar 
motor  vehicle  to  stop  all  motor  power  and  remain  stationary, 
unless  a  movement  forward  shall  be  deemed  necessary  to  avoid 
accident  or  injury,  until  such  horse  or  horses  appear  to  be  under 
control;  and  shall,  if  requested,  assist  such  person  or  persons  to 
pass  such  automobile  or  other  similar  motor  vehicle  in  safety. 
it  being  the  intent  of  this  act  that  every  reasonable  precaution 
shall  be  exercised  by  the  operator  of  any  such  automobile  or  other 
similar  motor  vehicle  to  prevent  the  frightening  of  such  horse  or 
horses  and  to  prevent  accident  or  injury.  All  motor  power  shall 
be  stopped  on  any  automobile  or  other  similar  motor  vehicle  while 
left  unattended  on  the  public  highway. 


324  Automobile  Enactments. 

Automobiles  have  equal  rights  on  highway. 

§  5.  Every  owner  and  operator  of  an  automobile  or  other  similar 
motor  vehicle  shall  have  equal  rights  upon  all  public  highways 
of  this  state  with  all  other  users  of  such  highways,  and  no  person 
or  persons  shall  unreasonably  obstruct  or  impede  the  right  of 
travel  of  such  operator  or  owner  while  operating,  propelling  or 
driving  such  automobile  or  other  similar  motor  vehicle.  No  per- 
son or  persons  shall  give  a  signal  or  sign  of  danger  or  distress 
or  call  for  assistance  upon  a  person  lawfully  operating  any  such 
automobile  or  other  similar  motor  vehicle  on  a  public  highway 
without  a  reasonable  cause  for  so  doing. 

Lamps,  brakes  and  bell. 

§  6.  From  one  hour  after  sunset  until  one  hour  before  sunrise 
there  shall  be  displayed  on  the  front  of  every  automobile  or  other 
similar  motor  vehicle,  while  being  operated  or  idrven  along  or 
upon  any  public  highway  of  this  state,  at  least  one  lamp  giving 
a  reasonably  bright  light  in  the  direction  in  which  said  automo- 
bile or  other  similar  motor  vehicle  is  going;  and  every  such 
automobile  or  other  similar  motor  vehicle  shall  be  provided  with 
brakes  and  a  bell,  horn  or  other  signal  device. 

Non=residents  exempt. 

§  7.  The  provisions  of  section  one  of  this  act  shall  not  apply 
to  automobiles  or  other  similar  motor  vehicles,  owned  by  non- 
residents of  this  state,  provided  the  owners  thereof  have  com- 
plied with  any  law  requiring  the  registration  of  such  automobiles 
or  other  similar  motor  vehicles,  or  its  owner,  in  force  in  the  state, 
territory  or  federal  district  of  their  respective  residence,  and  the 
registration  number  of  such  state,  territory  or  federal  district 
shall  be  displayed  on  the  rear  of  such  automobile  or  other  similar 
motor  vehicle  substantially  as  provided  in  section  one  of  this 
act.  Non-residents  passing  through  this  state  from  states  having 
no  registration  as  provided  in  section  one  of  this  act  shall  comply 
with  all  the  provisions  of  this  act. 

Punishment  for  violation   of  sections  one,  three,   five  and   six 
of  this  act. 

§  8.  Any  person  or  persons  who  shall  violate  the  provisions  of 
sections  one,  three,  five,  six,  of  this  act,  except  as  provided  in 


Wisconsin.  325 

section  seven  shall  be  punished  by  a  tine  of  not  less  than  ten 
dollars  and  not  morr  than  twenty-five  dollars;  any^oeraon  <>r  per- 
sons who  shall  violate  the  provisions  of  section  four  hereof  shall 
be  punished  by  a  tine  of  not  less  than  ten  dollars  nor  more  than 
fifty  dollars. 

Local  ordinances  prohibited. 

§  9.  The  provisions  of  this  act  shall  be  uniform  in  operation 
throughout  the  state,  and  no  city,  village,  county,  town,  park 
board  or  other  local  authorities  shall  have  power  to  enact,  pass, 
enforce  or  maintain  any  ordinance,  resolution,  rule  or  regulation, 
requiring  local  registration  or  other  requirements  inconsistent 
herewith,  or  in  any  manner  excluding  or  prohibiting  any  automo- 
bile or  other  similar  motor  vehicle,  whose  owner  has  complied  with 
the  provisions  of  this  act,  from  the  free  and  unobstructed  use  of 
all  public  highways,  driveways  and  parkways  within  the  state; 
but  the  provisions  of  this  act  shall  not  apply  to  parks  and  drive- 
ways under  the  control  and  management  of  corporations  organized 
under  and  pursuant  to  the  provisions  of  chapter  fifty-five  of  the 
laws  of  eighteen  hundred  and  ninety-nine,  and  the  acts  amenda- 
tory thereof. 

Owner  not  relieved  from  liability  for  negligence. 

§  10.  Nothing  in  this  act  shall  relieve  the  owner  of  any  automo- 
bile or  other  similar  motor  vehicle  from  liability  for  damages 
to  any  person  or  persons  or  property  due  to  the  negligent  use  of 
his  or"  her  automobile  or  other  similar  motor  vehicle  which  may 
be  operated  upon  any  public  highway  of  this  state. 

Disposition  of  fees. 

§  11.  All  moneys  received  from  registration  fees  shall  be  turned 
into  the  state  treasury  to  be  applied  to  pay  the  expense  incurred 
!.i  carrying  out  the  provisions  of  this  act. 

Takes  effect. 

§  12.  This  act  shall  take  effect  and  be  in  force  from  and  after 
July  1,  1905. 

Approved  June  5,  1905. 


ENGLAND. 

Reckless  or  too  fast  or  dangerous  driving  on   public  highway 
to  be  an  "  offence  under  this  act." 

Sec.  1.  (1)  If  any  person  drives  a  motor  car  on  a  public  high- 
way recklessly  or  negligently,  or  at  a  speed  or  in  a  manner  which 
is  dangerous  to  the  public,  having  regard  to  all  the  circumstances 
of  the  case,  including  the  nature,  condition  and  use  of  the  high- 
way, and  to  the  amount  of  traffic  which  actually  is  at  the  time, 
or  which  might  reasonably  be  expected  to  be,  on  the  highway, 
that  person  shall  be  guilty  of  an  offence  under  this  act. 

Apprehension  of  offender  refusing  his  name,  et  cetera. 

(2)  Any  police  constable  may  apprehend  without  warrant  the 
driver  of  any  car  who  commits  an  offence  under  this  section 
within  his  view,  if  he  refuses  to  give  his  name  and  address  or 
produce  his  license  on  demand,  or  if  the  motor  car  does  not 
bear  the  mark  or  marks  of  identification. 

Refusing  name,  et  cetera,  to  be  an  offence;  owner's  duty. 

(3)  If  the  driver  of  any  car  who  commits  an  offence  under  this 
section  refuses  to  give  his  name  or  address,  or  gives  a  false  name 
or  address,  he  shall  be  guilty  of  an  offence  under  this  act,  and  it 
shall  be  the  duty  of  the  owner  of  the  car,  if  required,  to  give  any 
information  which  it  is  within  his  power  to  give,  and  which  may 
lead  to  the  identification  and  apprehension  of  the  driver,  and  if 
the  owner  fails  to  do  so  he  also  shall  be  guilty  of  an  offence  under 
this  act. 

Registration  of  motor  cars. 

§  2.  (1)  Every  motor  car  shall  be  registered  with  the  council 
of  a  county  or  county  borough,  and  every  such  council  shall 
assign  a  separate  number  to  every  car  registered  with  them. 

Mark  of  number  and  council  to  be  fixed  on  car. 

(2)  A  mark  indicating  the  registered  number  of  the  car  and 
the  council  with  which  the  car  is  registered  shall  be  fixed  on  the 

[326] 


England.  «>-< 

car  or  on  a  vehicle  drawn  by  the  car,  or  on  both,  in  such  a  manner 
as  the  council  require  in  conformity  with  regulations^  of  "the  local 
government  board  made  under  this  act. 

Fee. 

(3)  A  fee  of  twenty  shillings  shall  be  charged  by  the  council 
of  a  county  or  county  borough  on  the  registration  of  a  car,  ex- 
cept in  the  case  of  motor  cycles,  for  which  the  fee  shall  be  five 
shillings. 

Use  of  unregistered  or  unmarked  car,  an  offence. 

(4)  If  a  car  is  used  on  a  public  highway  without  being  regis- 
tered, or  if  the  mark  to  be  fixed  in  accordance  with  this  act  is 
not  so  fixed,  or  if,  being  so  fixed,  it  is  in  any  way  obscured  or 
rendered  or  allowed  to  become  not  easily  distinguishable,  the  per- 
son driving  the  car  shall  be  guilty  of  an  offence  under  this  act, 
unless,  in  the  case  of  a  prosecution  for  obscuring  a  mark  or  ren- 
dering or  allowing  it  to  become  not  easily  distinguishable,  he 
proves  that  he  has  taken  all  steps  reasonably  practicable  to  pre- 
vent the  mark  being  obscured  or  rendered  not  easily  distinguish- 
able. 

Provided  that  — 

Saving  for  no  reasonable  opportunity  of  registering. 

(a)  A  person  shall  not  be  liable  to  a  penalty  under  this  section 
if  he  proves  that  he  has  had  no  reasonable  opportunity  of  register- 
ing the  car  in  accordance  with  this  section,  and  that  the  car  is 
being  driven  on  a  highway  for  the  purpose  of  being  so  registered ; 
and 

Manufacturer's  or  dealer's  "  general   identification  mark." 

(b)  The  council  of  any  county  or  county  borough  in  which 
the  business  premises  of  any  manufacturer  of,  or  dealer  in,  motor 
cars  are  situated,  may,  on  payment  of  such  annual  fee,  not  ex- 
ceeding three  pounds,  as  the  council  require,  assign  to  that  manu- 
facturer or  dealer  a  general  identification  mark  which  may  be 
used  for  any  car  on  trial  after  completion,  or  on  trial  by  an 
intending  purchaser,  and  a  person  shall  not  be  liable  to  a  penalty 
under  this  section  while  so  using  the  car  if  the  mark  so  assigned 


328  Automobile  Enactments. 

is  fixed  upon  the  car  in  the  manner  required  by  the  council  in 
accordance  with  regulations  of  the  local  government  board  made 
under  this  act. 

Licensing;  driving  without  license  an  offence. 

§  3.  (1)  A  person  shall  not  drive  a  motor  car  on  a  public  high- 
way unless  he  is  licensed  for  the  purpose  under  this  section,  and 
a  person  shall  not  employ  any  person  who  is  not  so  licensed  to 
drive  a  motor  car. 

If  any  person  acts  in  contravention  of  this  provision  he  shall  be 
guilty  of  an  offence  under  this  act. 

Council  to  license  any  resident  applicant  not  disqualified. 

(2)  The  council  of  a  county  or  county  borough  shall  grant  a 
license  to  drive  a  motor  car  to  any  person  applying  for  it  who 
resides  in  that  county  or  county  borough  on  payment  of  a  fee  of 
five  shillings,  unless  the  applicant  is  disqualified  under  the  pro- 
visions of  this  act. 

Fee;  license  to  be  for  twelve  months,  but  renewable. 

(3)  A  license  shall  remain  in  force  for  a  period  of  twelve 
months  from  the  date  on  which  it  is  granted,  but  shall  be  re- 
newable, and  the  same  provisions  shall  apply  with  respect  to  the 
renewal  of  the  license  as  apply  with  respect  to  the  grant  of  the 
license. 

Production  of  license. 

(4)  A  license  must  be  produced  by  any  person  driving  a  motor 
car  when  demanded  by  a  police  constable.  If  any  person  fails 
so  to  produce  his  license,  he  shall  be  liable,  on  summary  convic- 
tion, in  respect  of  each  offence  to  a  fine  not  exceeding  five  pounds. 

Disqualifications;  age;  motor  cycle;  license-holder. 

(5)  Any  person  under  the  age  of  seventeen  years  shall  be  dis- 
qualified for  obtaining  a  license  (except  that  a  license  limited 
to  driving  motor  cycles  may  be  granted  to  a  person  over  the  age 
of  fourteen  years),  and  any  person  who  already  holds  a  license 
shall  bo  disqualified  for  obtaining  another  license  while  the  license 
eo  hold  by  him  is  in  force. 


BjNGLAND.  329 

Suspension  of  license  and  disqualification. 

§  4.  (1)  Any  court  before  whom  a  person  is^convicted  of  an 
offence  under  this  act,  or  of  any  offence  in  connection  with  the 
driving  of  a  motor  car,  other  than  a  first  or  second  offence,  con- 
sisting solely  of  exceeding  any  limit  of  speed  fixed  under  this  act. 

(a)  May,  if  the  person  convicted  holds  any  license  under  this 
act,  suspend  that  license  for  such  time  as  the  court  thinks  fit, 
and,  if  the  court  thinks  fit,  also  declare  the  person  convicted  dis- 
qualified for  obtaining  a  license  for  such  further  time  after  the 
expiration  of  the  license  as  the  court  thinks  fit;  and 

(b)  May,  if  the  person  convicted  does  not  hold  any  license 
under  this  act,  declare  him  disqualified  for  obtaining  a  license 
for  such  time  as  the  court  thinks  fit;  and 

Endorsement    of    condition    on    license;    notice    to    licensing 
council. 

(c)  If  the  person  convicted  holds  any  license  under  this  act, 
shall  cause  particulars  of  the  conviction  and  of  any  order  of  the 
court  made  under  this  section,  to  be  endorsed  upon  any  license 
held  by  him,  and  shall  also  cause  a  copy  of  those  particulars  to 
be  sent  to  the  council  by  whom  any  license  so  endorsed  has  been 
granted. 

Production  of  license  for  endorsement  of  conviction. 

(2)  Any  person  so  convicted,  if  he  holds  any  license  under  this 
act,  shall  produce  the  license  within  a  reasonable  time  for  the 
purposes  of  endorsement,  and  if  he  fails  to  do  so  shall  be  guilty 
of  an  offence  under  this  act. 

Effect  of  suspension. 

(3)  A  license  so  suspended  by  the  court  shall  during  the  term 
of  suspension  be  of  no  effect,  and  a  person  whose  license  is  sus- 
pended or  who  is  declared  by  the  court  to  be  disqualified  for 
obtaining  a  license  shall  during  the  period  of  suspension  or  dis- 
qualification be  disqualified  for  obtaining  a  license. 

Appeal  against  disqualifying  order. 

(4)  Any  person  who  is  by  virtue  of  an  order  of  the  court  under 
this  section  disqualified  for  obtaining  a  license  may  appeal  against 


330  Automobile  Enactments. 

the  order  in  the  same  manner  as  a  person  may  appeal  who  is 
ordered  to  be  imprisoned  without  the  option  of  a  fine;  and  the 
court  may,  if  they  think  fit,  pending  the  appeal,  defer  the  opera- 
tion of  the  order. 

Applying  while  disqualified  an  offence. 

(5)  If  any  person,  who  under  the  provisions  of  this  act  is 
disqualified  for  obtaining  a  license,  applies  for  or  obtains  a  license 
while  he  is  so  disqualified,  or  if  any  person  whose  license  has  been 
endorsed  applies  for  or  obtains  a  license  without  giving  particu- 
lars of  the  endorsement,  that  person  shall  be  guilty  of  an  offence 
under  this  act,  and  any  license  so  obtained  shall  be  of  no  effect. 

Forgery,  et  cetera,  of  identification  mark  or  license. 

§  5.  If  any  person  forges  or  fraudulently  alters  or  uses,  or 
fraudulently  lends  or  allows  to  be  used  by  any  other  person,  any 
mark  for  identifying  a  car  or  any  license  under  this  act  he  shall 
be  guilty  of  an  offence  under  this  act. 

Duty  of  driver  to  stop  in  case  of  accident. 

§  6.  A  person  driving  a  motor  car  shall,  in  any  case,  if  an 
accident  occurs  to  any  person,  whether  on  foot,  on  horseback,  or 
in  a  vehicle,  or  to  any  horse  or  vehicle  in  charge  of  any  person, 
owing  to  the  presence  of  the  motor  car  on  the  road  stop,  and,  if 
required,  give  his  name  and  address,  and  also  the  name  and 
address  of  the  owner  and  the  registration  mark  or  number  of  the 
car;  and  if  any  person  knowingly  acts  in  contravention  of  this 
section,  he  shall  be  liable,  on  summary  conviction,  in  respect  of 
the  first  offence  to  a  fine  not  exceeding  ton  pounds,  and  in  respect 
of  the  second  offence  to  a  fine  not  exceeding  twenty  pounds,  and 
in  respect  of  any  subsequent  offence  to  a  fine  not  exceeding  twenty 
pounds,  or,  in  the  discretion  of  the  court,  to  a  term  of  imprison- 
ment not  exceeding  one  month. 

Regulations  by  local  government  board. 

§  7.  (1)  The  local  government  board  may,  under  section  six 
of  the  Locomotives  on  Highways  Act,  1896  (in  this  act  referred  to 
as  the  principal  act),  make  regulations. 


England.  331 

Identification;  ownership. 

(a)  Providing  generally  for  facilitating  the  identification  of 
motor  cars,  and  in  particular  for  determining,  and  regulating 
generally  the  size,  shape,  and  character  of  the  identifying  marks 
to  be  fixed  under  this  act,  and  the  mode  in  which  they  are  to  be 
fixed  and  to  be  rendered  easily  distinguishable  whether  by  nighl 
or  by  day,  and  with  respect  to  the  registration  of  cars,  and  the 
entry  of  particulars,  including  particulars  of  the  ownership  of 
the  car,  in  the  register,  and  giving  of  those  particulars,  and  for 
making  any  particulars  contained  in  the  register  available  for 
use  by  the  police,  and  for  making  a  registration  of  a  car  void 
if  the  regulations  as  to  registration  are  not  complied  with;  and 

Licenses;  register;  persons  not  resident  in  U.  K.;  particulars; 
one  person,  one  license. 

(b)  With  respect  to  the  licenses  to  be  granted  by  the  councils 
of  counties  or  county  boroughs  under  this  act,  and  in  particular 
with  respect  to  the  register  to  be  kept  of  those  licenses  and  the 
renewal  of  licenses,  and  for  providing  special  facilities  for  grant- 
ing licenses  to  persons  not  resident  in  the  United  Kingdom,  and 
for  communicating  particulars  thereof  to  adjoining  and  other 
county  or  county  borough  councils,  and  for  making  any  particu- 
lars with  respect  to  any  persons  whoso  licenses  are  suspended  or 
endorsed  available  for  use  by  the  police,  and  for  preventing  a 
person  holding  more  than  one  license. 

Councils  to  comply  with   local   government  board   regulations; 
fees. 

(2)  The  councils  of  counties  and  county  boroughs  shall  comply 
with  any  regulations  so  made  by  the  local  government  board,  and 
may  if  authorized  by  those  regulations  and  in  accordance  there- 
with charge  in  respect  of  the  entry  of  particulars  of  the  owner- 
ship of  a  car  on  change  of  ownership  such  fee,  not  exceeding  ten 
shillings,  as  may  be  prescribed  by  the  regulations,  and  in  respeel 
of  the  issue  of  a  new  license  in  the  place  of  a  license  lost  or 
defaced  such  fee  not  exceeding  one  shilling  as  may  be  prescribed 
by  the  regulations. 


332  Automobile  Enactments. 

Local  government  board  may  prohibit  motor  cars  on  roads  not 
more  than  twenty=six  feet  wide,  et  cetera. 

§  8.  The  local  government  board  may,  by  regulations  made 
under  section  six  of  the  principal  act,  prohibit  or  restrict  the 
driving  of  any  motor  cars,  or  of  any  special  kind  of  motor  cars, 
on  any  specified  highway,  or  part  of  a  highway,  which  does  not 
exceed  sixteen  feet  in  width,  or  on  which  ordinary  motor  car 
traffic  would,  in  their  opinions,  be  especially  dangerous. 

Maximum  speed. 

§  9.  (1)  Section  four  of  the  principal  act  (which  relates  to  the 
rate  of  speed  of  motor  cars)  is  hereby  repealed,  but  a  person  shall 
not,  under  any  circumstances,  drive  a  motor  car  on  a  public  high- 
way at  a  speed  exceeding  twenty  miles  per  hour,  and,  within  any 
limits  or  place  referred  to  in  regulations  made  by  the  local  govern- 
ment board  with  a  view  to  the  safety  of  the  public  on  the  applica- 
tion of  the  local  authority  of  the  area  in  which  the  limits  or 
place  are  situate,  a  person  shall  not  drive  a  motor  car  at  a  speed 
exceeding  ten  miles  per  hour. 

Fine  for  exceeding  maximum  speed;  more  than  one  witness. 

If  any  person  acts  in  contravention  of  this  provision  he  shall 
be  liable,  on  summary  conviction,  in  respect  of  the  first  offence 
to  a  fine  not  exceeding  ten  pounds,  and  in  respect  of  the  second 
offence  to  a  fine  not  exceeding  twenty  pounds,  and  in  respect  of 
any  subsequent  offence  to  a  fine  not  exceeding  fifty  pounds,  but 
a  person  shall  not  be  convicted  under  this  provision  for  exceed- 
ing the  limit  of  speed  of  twenty  miles  merely  on  the  opinion  of 
one  witness  as  to  the  rate  of  speed. 

Warning  and  notice  of  prosecution. 

(2)  Where  a  person  is  prosecuted  for  an  offence  under  this 
section,  he  shall  not  be  convicted  unless  he  is  warned  of  the  in- 
tended prosecution  at  the  time  the  offence  is  committed,  or  unless 
notice  of  the  intended  prosecution  is  sent  to  him  or  to  the  owner 
of  the  car  as  entered  on  the  register  within  such  time  after  the 
offence  is  committed,  not  exceeding  twenty-one  days,  as  the  court 
think  reasonable. 


England.  333 

Revocation  or  alteration  of  regulations. 

(3)  The  local  government  hoard  may,  withoutr*fchy  application 
from  the  local  authority,  after  considering  any  objections  which 
may  be  raised  by  the  local  authority,  revoke  or  alter  any  regula- 
tion made  by  them  under  this  section. 

Meaning  of  "  local  authority." 

(4)  For  the  purposes  of  this  section  the  expression  local  au- 
thority means: 

(a)  As  respects  the  city  of  London,  the  mayor,  the  aldermen, 
and  commons  of  the  city  of  London  in  common  council  assembled ; 
and 

(b)  As  respects  a  municipal  borough  with  a  population  of  over 
ten  thousand  according  to  the  last  census  taken  before  the  passing 
of  this  act,  the  council  of  the  borough;  and 

(c)  As  respects  any  other  area,  the  county  council. 

Local    authorities    to    announce    local    restrictions    by    notice 
boards. 

§  10.  (1)  Local  authorities  within  the  meaning  of  the  last  pre- 
ceding section  shall  give  public  notice  of  any  regulation  of  the 
local  government  board  made  in  pursuance  of  this  act  prohibiting 
or  restricting  the  use  of  motor  cars  on  any  highway  or  part  of  a 
highway,  or  limiting  the  speed  of  motor  cars  within  any  limits 
or  place,  and  for  the  purpose  of  giving  effect  to  any  such  regula- 
tion shall  place  notices  in  conspicuous  places  on  or  near  the  high- 
way, part  of  a  highway,  limits,  or  place  to  which  the  regulation 
refers. 

Sign  boards  denoting  dangerous  points. 

(2)  Subject  to  regulations  as  to  size  and  colors  to  be  made  by 
the  local  government  board,  local  authorities  within  the  meaning 
of  the  last  preceding  section  shall  within  their  areas  cause  to  be 
set  up  sign  posts  denoting  dangerous  corners,  cross  mads  and 
precipitous  places,  where  such  sign  posts  appear  to  them  to  be 
necessary. 

Fines. 

§  11.  (1)  A  person  guilty  of  an  offence  undor  this  ad  for 
which  no  special  penalty  is  provided  shall  be  liable  on  summary 


334  Automobile  Enactments. 

conviction  in  respect  of  each  offence  to  a  fine  not  exceeding 
twenty  pounds,  or  in  the  case  of  a  second  or  subsequent  convic- 
tion to  a  fine  not  exceeding  fifty  pounds  or  in  the  discretion  of 
the  court  to  imprisonment  for  a  period  not  exceeding  three  months. 

Appeal   against  fine  above  twenty  shillings. 

(2)  Any  person  adjudged  to  pay  a  fine  exceeding  twenty  shil- 
lings under  this  act  may  appeal  against  the  conviction  in  the 
same  manner  as  he  may  appeal  if  ordered  to  be  imprisoned  with- 
out the  option  of  a  fine. 

Local  government  board  may  increase  maximum  weight. 

§  12.  (1)  The  local  government  board  by  regulations  made 
under  section  six  of  the  principal  act  may,  as  respects  any  class  of 
vehicle  mentioned  in  the  regulations,  increase  the  maximum 
weights  of  three  tons  and  four  tons  mentioned  in  section  one  of 
that  act,  subject  to  any  conditions  as  to  the  use  and  construction 
of  the  vehicle  which  may  be  made  by  the  regulations. 

To  regulate  speed  of  cars  above  two  tons. 

(2)  The  power  of  the  local  government  board  to  make  regula- 
tions under  section  six  of  the  Locomotives  on  Highways  Act, 
1896,  shall,  as  respects  motor  cars  exceeding  two  tons  in  weight 
unladen,  include  a  power  to  make  regulations  as  to  speed. 

Inland  revenue  license  for  drivers. 

§  13.  The  definition  of  "  male  servant "  in  sub-section  three  of 
section  nineteen  of  the  Eevenue  Act,  1869,  as  amended  by  section 
five  of  the  Customs  and  Inland  Eevenue  Act,  1876,  shall  be  con- 
strued as  if  a  person  employed  to  drive  a  motor  car  were  included 
in  that  definition. 

Local  inquiries  by  local  government  board. 

§  14.  Sub-sections  one  and  five  of  section  eighty-seven  of  the 
Local  Government  Act,  1888  (which  relates  to  local  inquiries), 
shall  apply  for  the  purpose  of  carrying  out  by  the  local  govern- 
ment board  of  any  of  their  duties  under  this  act. 

Outside  liability. 

§  15.  Nothing  in  this  act  shall  affect  nnv  liability  of  the  drivor 
or  owner  of  a  motor  car  by  virtue  of  any  statute  or  at  common 
law. 


England.  335 

Servants  of  the  crown. 

§  16.  It  is  hereby  declared  that  this  act  and  the  principal  act 
apply  to  persons  in  the  public  service  of  the  crown. 

Menai  bridge. 

§  17.  (1)  A  motor  car  shall  not  be  driven  on  or  over  Menai 
bridge  except  in  accordance  with  regulations  made  by  the  com- 
missioners of  works. 

(2)  If  any  person  acts  in  contravention  of  this  section  he  shall 
be  liable  on  summary  conviction  in  respect  of  the  first  offence  to 
a  fine  not  exceeding  ten  pounds,  and  in  respect  of  a  second  offence 
to  a  fine  not  exceeding  twenty  pounds,  and  in  respect  of  any  sub- 
sequent offence  to  a  fine  not  exceeding  fifty  pounds. 

Application  to  Scotland. 

§  18.  In  the  application  of  this  act  to  Scotland  — 

(1)  A  reference  to  the  secretary  for  Scotland  shall  be  sub- 
stituted for  a  reference  to  the  local  government  board ;  and 

(2)  A  reference  to  the  council  of  a  royal,  parliamentary  or 
police  burg,  containing  within  its  boundaries,  as  ascertained,  fixed 
or  determined  for  police  purposes,  a  population  according  to  the 
census  for  the  time  being  last  taken  of  or  exceeding  fifty  thousand, 
shall  be  substituted  for  a  reference  to  the  council  of  a  county 
borough,  and  every  other  burgh  shall  be  deemed  to  form  part  of 
the  county  within  which  it  is  situate;  and 

(3)  The  road  authority  of  any  county  or  of  any  royal,  par- 
liamentary, or  police  burgh  shall  be  the  local  authority  within 
the  meaning  of  the  provisions  of  this  act  which  relate  to  the  rate 
of  speed  and  the  erection  of  danger  boards;  and 

(4)  A  reference  to  sub-sections  one  and  three  of  section  ninety- 
three  of  the  Local  Government  (Scotland)  Act,  1889,  shall  be 
substituted  for  a  reference  to  sub-sections  one  and  five  of  section 
eighty-seven  of  the  Local  Government  Act,  1888;  and 

(5)  Any  fine  under  this  act  shall  be  recoverable  by  imprison- 
ment in  terms  of  the  Summary  Jurisdiction  Acts;  and 

(6)  Any  person  convicted  of  an  offence  under  this  act  and 
ordered  to  be  imprisoned  without  the  option  of  a  fine  or  adjudged 
to  pay  a  fine  exceeding  ten  pounds  shall  have  a  right  of  appeal 
against    the    conviction.      Such    appeal    shall    lie    to    the    sheriff 


336  Automobile  Enactments. 

depute,  and  shall  be  heard  summarily.  Such  appeal  may  be  taken 
either  immediately  after  the  judgment  appealed  against  has  been 
pronounced  or  within  seven  days  thereafter,  and  upon  such  appeal 
being  taken  the  sentence  (if  any)  shall  be  suspended  until  the 
appeal  shall  be  disposed  of:  Provided  that  the  appellant  shall, 
at  the  time  of  taking  such  appeal,  lodge  in  the  hands  of  the  clerk 
of  court  a  bond  with  sufficient  cautioner  or  otherwise  give  security 
satisfactory  to  the  court  for  appearing  before  the  sheriff  depute. 
The  sheriff  depute  is  hereby  authorized  and  empowered  on  such 
appeal  to  hear  evidence,  whether  led  at  the  original  hearing  or  not, 
and  to  consider  the  merits  of  the  case  and  reverse  or  confirm  in 
whole  or  in  part  the  judgment  appealed  against,  or  give  such  a 
new  or  different  judgment  as  he  in  his  discretion  shall  think  fit; 
and  save  as  provided  by  the  Summary  Prosecutions  Appeals 
(Scotland)  Act,  1875,  his  judgment  shall  be  final  and  not  subject 
to  review;  and 

(7)  An  appeal  taken  in  terms  of  this  act  by  a  person  holding 
a  license  against  an  order  for  suspension  or  disqualification  shall 
be  taken  and  disposed  of  as  nearly  as  may  be  in  the  manner  and 
subject  to  the  conditions  provided  by  the  immediately  preceding 
sub-section. 

Application  to  Ireland. 

§  19.  In  the  application  of  this  act  to  Ireland  — 

(1)  A  reference  to  the  local  government  board  for  Ireland  shall 
be  substituted  for  a  reference  to  the  local  government  board;  and 

(2)  Sub-sections  one  and  three  of  article  thirty-two  of  the 
Local  Government  (application  of  enactments)  Order,  1898,  shall 
be  substituted  for  sub-sections  one  and  five  of  section  eighty-seven 
of  the  Local  Government  Act,  1888 ;  and 

(3)  Section  twenty-three  of  the  Summary  Jurisdiction  (Ire- 
land) Act,  1851  (which  gives  a  right  of  appeal),  shall  apply  as 
respects  convictions  for  offences  under  this  act  as  if  any  term  of 
imprisonment  without  the  option  of  a  fine  were  substituted  for  a 
term  of  imprisonment  exceeding  one  month ;  and 

(4)  Sections  one  to  four,  inclusive,  of  the  Criminal  Evidence 
Act,  1898,  shall  extend  to  Ireland  in  the  case  of  a  person  charged 
with  any  offence  under  this  act. 


England.  337 

Meaning  of  "  motor  car." 

§  20.  (1)  In  this  act  the  expression  "  motor  car  ■'■*■  has  the  same 
meaning  as  the  expression  "  light  locomotive  "  has  in  the  principal 
act,  as  amended  by  this  act,  except  that,  for  the  purpose  of  the 
provisions  of  this  act  with  respect  to  the  registration  of  motor 
cars,  the  expression  "  motor  car  "  shall  not  include  a  vehicle  drawn 
by  a  motor  car. 

"  Public  highway." 

The  provisions  of  this  act  and  of  the  principal  act  shall  apply 
in  the  case  of  a  roadway  to  which  the  public  was  granted  access 
in  the  same  manner  as  they  apply  in  the  case  of  a  public  highway. 

Commencement  of  act  on  ist  January,  1904. 

(2)  This  act  shall  come  into  operation  on  the  first  day  of  Jan- 
uary, nineteen  hundred  and  four. 

(3)  This  act  may  be  cited  as  the  Motor  Car  Act,  1903;  and  the 
Locomotives  on  Highways  Act,  1896,  and  this  act  may  be  cited 
together  as  the  Motor  Car  Acts,  1896  and  1893. 

Act  in  force  till  end  of  1906. 

§  21.  This  act  shall  continue  in  force  till  the  thirty-first  day  of 
December,  nineteen  hundred  and  six,  and  no  longer,  unlesB  par- 
liament shall  otherwise  determine. 
22 


INDEX. 


PAGE 

Alabama   automobile    laws 116 

Operators  must  register,  et  cetera 116 

Registration,  certificate,  and  fee 116 

Special  speed  regulations 117 

General    speed   regulation 117 

Necessary  equipment    1  •  < 

Stopping  on  signal 117 

Duty  of  judges  and  grand  juries 118 

Penalties   for   violation 118 

American  tendencies  in  manufacturing 104 

Amount  and  degree  of  care  by  chauffeur 99,   100 

Leaving  automobile  in  street 101 

Speed 100,  101 

Turning  corners    101 

Automobile   as   a  vebicle 7 

Definition  of  vehicle  includes  automobile 7 

Meaning  of  vehicle  in  ordinances  of  the  city  of  New  York 7 

Meaning  of  vehicle  in  Connecticut 8 

Meaning  of  vehicle  in  United  States  statutes 8 

Vehicle   includes   bicycle 8 

Automobiles    as    carriers 22 

Common   carrier    22 

Personal   private  conveyance 22 

Private  carrier    22 

Public  motor  vehicles 22 

What  constitutes  automobile  a  common  carrier 22 

Automobile   is   a   carriage 9 

Automobile   and   bicycle   distinguished 9 

Automobile    is  a   pleasure  carriage 9,  10 

Carriage  meaning  pleasure  vehicles  only 10 

Meaning  of  carriage  under  New  York  Highway  Law 9 

Motor  bicycle  is  a  carriage 9 

Automobile  is  vehicle  of  modern  times 11 

339 


340  Index. 


PAOC 


Automobile  legislation    HO 

( reneral  considerations HO 

Automobile   not  a  dangerous   machine 15 

Automobile  likely  to  frighten  horses 17 

Automobile  more  dangerous  than  street  car 17 

Bicycle  not  dangerous 16 

Condemning  automobile  by  judiciary 17 

Dangerous  when  not  properly  driven 17 

Defective  brakes  as  bearing  on  danger 16 

Least  dangerous  of  conveyances 15 

Manner  of  driving  machine  important 15 

No  decision  that  automobile  is  dangerous 17 

Not  to  be  classed  with  railroads 15 

Record   of   accidents 15.  16 

Regulation  necessary  for  safety 17 

Source  of  danger  to  pedestrians 17 

Bias  in  testimony  as  to  speed 79 

Biased  witnesses  to  be  discredited 79,  80 

Effect   of   bias 79 

Burden  of  proof  of  speed 80 

Preponderance  of  evidence 80 

California  automobile  laws 119 

Definitions 119 

Filing  statement  by  owner 119 

Registration  and  record 120 

Registration    seal     120 

Owners  previously  registered 120 

Display  of  registration  number 120 

Registration  of  manufacturers  or  dealers 121 

Fictitious  seal  or  number 121 

Unregistered  vehicle  not  to  be  operated 121 

Non-resident   owners   exempt 121 

Speed   permitted    122 

Speed  at  bridges,  crossings,  et  cetera 122 

Meeting  pedestrians,  drivers,   and  riders 122 

Stopping  on  signal   123 

Giving  name  and  address ;   accidents 123 

Spesd  tests  and  races 123 

Rules   of  the   road 123 

Brakes,  bell,  horn,  and  lamps 124 

Local  ordinances  prohibited 124 

Parks,  parkways,  and  cemeteries 125 


Index.  041 

PAOI 

Right  to  recover  damages 125 

Chauffeur's   statement   ^  - •■  125 

Chauffeur's  registration  and  record 126 

Chauffeur's  badge  126 

Fictitious  badge    120 

I'nregistered  chauffeur  may  not  operate 126 

Penalties  for  violation 126 

Release  from  custody,  bail,  et  cetera 1-7 

Fees  to  be  paid  into  state  treasury 128 

Appropriations 128 

Repeal    128 

Takes  effect   128 

Care  In  avoiding  defects  in  highway 67 

Circumstances   to   be   considered '■  • 

Contributory  negligence  68 

Duty   of   person   u^ing  vehicle 67 

Duty   to   learn    of   danger 68 

Duty  to  look  out 68 

Jury  may  consider  law  of  the  road 68 

Notice  of  defects 68 

Ordinary  care    ,;  > 

Want  of  contributory  negligence  must  be  shown 68 

Care  in  operating  —  Restive  horses 48 

Circumstances   to   be   considered 49 

Common-law  duty  to  stop  on  signal 50 

Contributory  negligence  in  using  unmanageable  horses 50.  51 

Duty  to  obey  drivers'   signals 49 

Duty   to  stop   automobile 49 

Duty  of  operator  in  reference  to  horses 49 

Liability   of   motorist    for   damages 50 

Negligence  in   not  skipping 50 

Noisy   and   speedy   driving 49 

Novel  appearance  of  automobile  immaterial 48 

Propensity  of  horses  to  be  considered 49 

Quantum  of  care 49 

Reasonable  care  not  to  frighten  horses 48 

Statutory  duty  to  stop  on  signal 50 

Unwarrantable  use  of  highway 49 

Chauffeur    "3 

Definition    m 

Origin  of  term 93 

Status   of  chauffeur 94 


342  Index. 

PAOI 

Chauffeur  acting  contrary  to  authority 95,  96,     97 

Chauffeur's   dnties    98 

Specific  precautions   98 

Statutory  requirements 98,     99 

Chauffeur's    rights    101,   102 

Compensation     102 

Classification    of    automobiles 22 

Bicycles   22 

Pleasure  carriages    22 

Heavy  omnibuses 22 

Quadricycles   22 

Tricycles    22 

Collision    57 

Contributory   negligence    57 

Negligence  of  driver  after  collision 58 

Plaintiff   must   prove   what 57 

Proof  of  unskilled  or  reckless  driving 57,  58 

Rights  of  traveler  whose  way  is  trenched  upon 58 

Compensation  or  price  for  hiring  automobile 92 

Compelling  privilege  of  using  road  —  Pleading 34 

Mandamus     34 

Petition  must  allege  what 34 

Registration  and  licensing 35 

Condition    of   roads 107,   108 

Connecticut   automobile    lairs 129 

Definition  of  term  "  motor  vehicle  " 129 

Owner's  registration  and  certificate 129 

Motor  vehicle  must  display  number  plate 129 

Motor  bicycle  must  display  number  and  letter 129 

Records   and    number    plates 130 

Fee  130 

Limitations  of  act,  motor  vehicles  for  hire  excepted 130 

Non-residents  exempt 130 

Offenses  prior  to  August  1,   1905 131 

Speed  limits  131 

Rules   when    meeting    or    passing   persons    riding,    driving,    or 

walking   131 

Local  ordinances  prohibited,  exceptions 132 

Jurisdiction  of  justice  of  peace 132 


Index.  343 

PAOI 

Punishment  for  violations 1  '■'•- 

Repeal    x '  '  ! 

When  act  take9  effect '  ;-; 

Definition    of  vehicle 

Rule  when  meeting  or  passing 133 

Penalty  for  violating  section  2  of  this  act 

Owner  liable  for  injury  caused  by  servant,  et  cetera 134 

Penalty  for  violation  of  section  2  of  this  act 134 

Statutes   repealed    134 

Constitutional   law    42 

Automobile  legislation  upheld 42 

Classification  of  vehicles 42 

Class   legislation 42 

Compelling  witness  to  testify  against   himself 43 

Deprivation  of  life,  liberty  and  property 43 

Discrimination   42 

Excepting  manufacturers  and  dealers 43 

Exclusion  of  automobiles  from  taxation 42 

Legislation,  penal   4o 

Manufacturer  required  to  register  if  he  drives 44 

Pennsylvania  Act  of  1905  construed 44 

Pointing  out  constitutional  provision  violated 42 

Registration  fee  not  a  tax 42,  43 

Title  of  automobile  enactment 44 

Uniformity  of  Pennsylvania  Law  of  1903 44 

When  title  of  act  is  misleading 44 

Definitions  in  general ' 

"  Auto,"  meaning  of  term 2 

"  Autocar  "  

"  Autocarriage  "    

"  Automobile,"  meaning  of  word L       2 

"  Automobile  car  "    2 

"  Automobile  carriage  "  2 

Automobile  does  not  include  steam  road  rollers 1 

"  Automobile  truck  "    2 

"  Autotruck  "   

"Motor,"  meaning  motion  producing  contrivance 

"  Motor,"  modern  sense  of  term 2,       3 

"  Motor,"  limited  meaning 

"  Motor,"  meaning  of  term 

"  Motoring,"  meaning  of  term 

"  Team,"  meaning  of,  under  laws  of  Maine 

Term  automobile  is  generic 


344  bn 

Mm 

I   -rmic  motor-  

tion  engine's  not  included  by  tenn  automobile 1 

-  requiring  farads                             1 

Definitions    of    automobile    in    automobile    legislation  3 

3 

3 

Delaware  ...                                                                      3 

'.-..::■.                       . "  B 

Iowa 6 

Kansas     6 

Maryland    ~ 

setts                            4 

Michigan 4 

4 

4 

New  Hampshire 5 

"   --                            5 

5 

':.      .-    Inland    6,  7 

B    ::h  Carolina    6 

South  Dakota    6 

rmont    7 

Virginia     ...                                     7 

Delaware    automobile   laws         135 

:     :   r    •  -:. :  1-      135 

Owr   -  -  -  a .  -: :   -     a.  application,  fee.  and  certificate 135 

-    135 

Display  of  lieense  number 1 36 

Lamp*,  colored  lights,  brakes,  and  bell 1 36 

Speed  rates 136 

ng  by  request  or  on  signal 137 

Rights  of  holders  of  a  certificate 137 

Per.     "  -  -   :'   r  non-compliance 137 

ilty  for  racing     ■  public   highway             13S 

-ice  of  the  peace  to  have  jurisdiction 13S 

Constable  may  arrest,  procedure  thereafter 139 

P-r.  ■'.'-   for  violations   not   otherwise   provided   for 139 

Penalty  for  tampering  with  machine 140 

Tra        i        .            xempted 140 

Repeal    1 40 

Development   of   motor   carriage               11.  12 

Growth  of  law 12.  13 


Index.  345 

IMI 

Distance   in   estimating    speed 78 

Unreliability  of  estimates xv.  ••'■ 78 

Speed  involves  distance 78 

District  of  Colnmbia  automobile  laws  111 

Application  for  permit  to  operate,  examination,  and   rt-^i-t  r;i 

tion    I  1 1 

Permit,  display  of  number,   exemption  of   non-residents  111 

Lamps    142 

Lock  I*2 

Right  of  way 143 

Intoxieated  persons  may  not  operate 143 

Careless  or  reckless  operator 143 

Exhibition  of  permit 143 

Penalty    for    violation 143 

Bells,  horn,   and    lights 144 

Traffic  regulations 1  *■* 

Rules  on  meeting,  turning  around,  or  passing  other  vehicle-  lit 

Vehicles  shall  not  stop 145 

Privileges  of  certain  public  vehicles 145 

Street  cars  have  right  of  way  on  tracks 145 

Rate   of    speed,    bicycles,    penalty    for   operating   steam    vehicle 

without  a  license 145 

Bridges    !  4f) 

Penalties   for   violation 146 


Duties  and  responsibilities  of  manufacturer. 


105 


Duties  and  rights  of  owner  when  automobiles  are  hired.        89 

Condition  of  automobile 89 

Repossessing  automobile   89,     90 

Duties  of  hirer  of  automobile 91 

Automobile  must  not  be  abused 91 

Use   of   automobile 91 

England,   automobile   laws   of 3_6 

Reckless  or  too   fast   or  dangerous   driving  on    public   highway 

to  be  an  "  offense  under  this  act  " 328 

Apprehension  of  offender  refusing  his  name,  et  cetera 326 

Refusing  name,  et  cetera,  to  be  on  offense;  owner's  duty 326 

Registration  of  motor  cars »*6 

Mark  of  number  and  council  to  be  fixed  on  car 326 

Fee  327 

Use  of  unregistered  or  unmarked  car  an  offense 327 

Saving  for  no  reasonable  opportunity  of  registering 327 


346  Index. 

PAGI 

Manufacturer's  or  dealer's   "general  identification  mark''....  327 

Licensing;  driving  without  license  an  offense 328 

Council  to  license  any  resident  applicant  not  disqualified 328 

Fee;  license  to  be  for  twelve  months,  but  renewable 328 

Production  of  license 328 

Disqualifications;   age;   motor  cycle;   license-holders 328 

Suspension  of  license  and  disqualification 329 

Endorsement     of     condition     on     license;     notice    to    licensing 

council   329 

Production  of  license  for  endorsement  of  conviction 329 

Effect    of    suspension 329 

Appeal  against  disqualifying  order 329 

Applying  while  disqualified  an  offense 330 

Forgery,  et  cetera,  of  identification  mark  or  license 330 

Duty  of  driver  to  stop  in  case  of  accident 330 

Regulations  by  local  government  board 330 

Identification ;    ownership    331 

Licenses;   register;   person  not  resident  in  U.  K. ;   particulars 

of  one  person,  one  license 331 

Council   to  comply  with   local   government   board   regulations; 

fees 331 

Local  government  board  may  prohibit  motor  cars  on  roads  not 

more  than  twenty-six  feet  wide,  et  cetera 332 

Maximum  speed 332 

Fine  for  exceeding  maximum  speed;  more  than  one  witness..  332 

Warning  and  notice  of  prosecution 332 

Revocation  or  alteration  of  regulations 333 

Meaning  of  "  local   authority  " 333 

Local    authorities    to    announce    local    restrictions    by    notice 

boards    333 

Sign  boards  denoting  dangerous  points 333 

Fines    333 

Appeal  against  fine  above  twenty  shillings 334 

Local  government  board  may  increase   maximum  weight 334 

To  regulate  speed  of  cars  above  two  tons 334 

Inland  revenue  license  for  drivers 334 

Local  inquiries  by  local  government  board 334 

Outside  liability    334 

Servants  of  the   crown 335 

Menai  bridge    335 

Application  to   Scotland 335 

Application   to   Ireland 336 

Meaning  of  "  motor  car  " 337 

"  Public    highway  "    337 


Index. 

PAOS 

Commencement  of  act  on  1st  of  January,   L904 3.'i7 

Act  in  force  till  end  of  1  !)<)(! — <- - 337 

Equal  rights  of  automobiles   on  public   wayi 27 

Automobile's  newness  is  beside  quest  ion 28 

Bicycles  have  equal   rights  on  public  ways ~s 

Bicycle  not  unlawful 28 

Fire,  automobile  carries 29 

Motor  carriage  has  equal  right  with  other  vehicles 27 

Not  negligence  to  use  automobiles 27 

Novelty  and  frightening  horses  no  reason  for  prohibiting  use.  27,  28 

Rights  on   ferries  and  vessels 28 

Under  statute  of  the  United  States 28 

Use  of  streets  must  be  extended 28 

Evidence  of  speed  at  one  place  inadmissible  as  to  speed  at 

another    *° 

Question  discussed    78 

Exclusion  of  automobiles  from  highways 30 

Compelling  right  to  use  highway 31 

Discriminating   illegally    33 

Discrimination  not  legal 30 

Exclusion   of   non-resident  motorists 33 

Forfeiture  of  right  to  use  highway 31 

Necessity  for  complying  with  statutes 30 

Necessity    for    obtaining    license 30 

Operating    in    Pennsylvania 30 

Prohibiting  driving  at  night 31 

Prohibiting  use  of  country  roads  at  night 32 

Reasonable  restrictions    31 

Requiring    driver    to    submit    to    examination    and    take    out 

license  illegal    

Setting  apart  roads  and  places  free  from  motor  travel 30 

Turnpike's  right  to  prevent  use  of  road 33 

Facts  incompatible  with  estimates  of  speed 77 

Estimates  must  give  way  to  facts t* 

Facts   reconcilable  only  with   high   speed i  s 

Force  of   impact 

Machine  stopping  within  short  distance 

Fairness   of   laws J  ^  ° 

Federal  control  over  motoring 1 1  * 

Florida  automobile  laws 

Filing  statement    

Registration,   record,   and   certificate '  '  • 


348  Index. 

PAGE 

Bells,  lamps,  and  registration  number 147 

Transfer    record    and    fee 147 

Punishment    148 

Speed   148 

Speed  at  crossings,  et  cetera 148 

Meeting  horses,  et  cetera 148 

Stopping  on  signal 148 

Owner's  name  and  address  to  be  given  in  case  of  accident.  ...  149 

Speed  tests  and  races 149 

Chauffeur's   registration    149 

Operators  must  have  certificate,  et  cetera 149 

Right  to  civil  action  for  damages  by  reason  of  negligence  not 

abridged    150 

Penalties  for  excessive  speed,  et  cetera 150 

Penalties  for  other  violations 150 

Operator's   rights   when    arrested 150 

Contrary  acts  repealed 151 

Fees  shall  go  to  the  state 151 

Non-resident  owners   exempt 151 

Future   laws    113 

Garage  and  garage  keeper 82 

Garage  defined   82 

Garage  keeper's  rights 83 

Right  of  compensation 83 

Right  to  a  lien 83 

Under  statutes   83,  84 

Under  the  common  law 83,  84 

Garage  not  a  nuisance 82 

General  purposes  of  highways  and  streets 25 

Horses  have  no  superior  rights 25 

Public  have  right  to  use  streets  and  highways 25 

Travel  by  foot  or  in  vehicle 25 

Highways    defined    23 

Bridges  an  1  ferries 23 

Canals  and  navigable  waters 23 

County  and  township  roads 23 

Public  thoroughfare  is  highway 23 

Railroads   and   tramways 23 

Streets   and   alleys 23 

Term  highway  as  generic  name 23 

Turnpikes  and  plank  roads 23 


Indkx.  ., . 


Way   defined    23 

Ways,  public  or  private -rJLT..  ..." 23 

Hirer's  duty  to  exercise  ordinary  care KS 

Degree  of  care 

Hiring  automobiles   87 

Bailment  created 87 

Illinois   automobile   laws 1  ,r>ii 

Speed    152 

Duty  upon  meeting  horses,  et  cetera ]  :,z 

Punishment  for  violation  of  sections  1  and  2 152 

Rule  of  evidence  in  damage  cases   153 

Repeal    153 

Imagination   as   to   speed 75 

Likely   to   deceive   party 75 

Pedestrian  crossing  street 75 

Incorrect  estimates  of  speed 74 

Facts  should  he  stated 74 

Passengers  riding  in  train 74 

Witness  must  have  had  adequate  facilities  for  observing 74 

Indiana    automobile    laws 154 

Motor  vehicles  defined 1 54 

Speed  regulations    154 

Ordinances  as  to  speed 154 

Motor    equipment  —  signals 154 

Stop  on  signal  —  highway  rules 155 

Owner  to  register  with  secretary  of  state 155 

Assignment  of  number 156 

Acquiring  motor  vehicle,   registering 156 

Metal  seal,  display  on  vehicle 156 

Display  of  number,  style  and  size 156 

Registration  by  manufacturers  or  dealers 157 

Non-residents    157 

Penalties    1 57 

Repeal    157 

Injuries  resulting  from  defects  in  highway fi? 

Construction  of  statutes 67 

Kxt  raordinary  events   »'i7 

Liability  of  municipality  <>r  township ti7 

Reasonably  safe  condition   of  highway  for  travelers 67 

Statutory  liabilities    67 

Term  carriage  includes  automobile 67 


8rf0  Index. 

PAOI 

Injury  resulting   from   fright 60 

Doctrine  discussed    61 

English  rule   61,  62 

Injury  due  solely  to  fright 60 

Miscarriage  caused  by   fright 62 

Nervous  shock   60 

Rule  in  United  States 60 

Interstate  motoring    115 

Iowa   automobile    laws 158 

Definitions    158 

Owner's  statement,  filing  fee 158 

Filing,    registration   and   number .158 

Re-registration     158 

Seal    159 

Display  of  number 159 

Non-residents    exempted    159 

Speed  rates 159 

Stopping  on  signal 160 

Brakes,  bell,  and  lamps 160 

Local  ordinances  prohibited  and  repealed 160 

Punishment  for  violations 161 

Judicial  notice  of  characteristics 21 

Consequences  of  use  of  automobile 21 

Judicial  notice  of  speed 21 

Kansas    automobile    laws 162 

Definitions    162 

Laws  in  relation  to  traction  engines  distinguished 162 

Bell,  brakes  and  lamps 162 

Speed  must  be   reasonable 163 

Special    rates   of   speed 163 

Duties  upon  meeting  horses,  et  cetera 163 

Speed  at  crossings 164 

Local  ordinances   1 64 

Punishment  for  violations 164 

Repeal    164 

Takes  effect   1 64 

Keeping  and  selling  gasolene 84,  85,  86 

Keeping  hired  automobile  in  repair 90 

Duty  of  owner 90 

Kentucky   automobile   laws 165 

Speed   must   be  reasonable 165 

Speed  at  crossings,  bridges,  et  cetera 165 


Index.  351 


IV.  I 


Regulations  for  meeting  horses,  et  cetera 165 

Stopping  on  signal ^._  .  . ." I  65 

Rules  of  the  road 166 

Brakes,   hell   and   lamps L66 

Penalties   for   violation 1  <>7 

Limitations  of   act,   definitions 167 

Legal    definitions    2,  3 

Liability   for   defective   highways 109 

Liability  of  master  for   chauffeur's   acta 04 

Liability  of  owner  for  acts  of  person  operating  car  64 

Master  and  servant 64 

Necessary  for  relation  of  master  and  servant 64,  <i.r> 

When  master  is  and  is  not  liable 64,  65 

Liability  for  servant's  acts  when  antomobile  is  hired 88 

Liability  when  servant  acts  without  authority 88,  89 

Liabilities   of  garage   keeper 84 

Care  of  automobile 84 

Bound  to  exercise  reasonable  care 84 

Liability  for  damages 84 

4S 
Licenses     

License  fee  not  a  tax 45 

License  is  merely  a   privilege 4:> 

License  not   a  contract 4o 

License  may  be  revoked ™ 

Line  of  visi  :  n  in  estimating  speed 75 

Observer  directly  facing  automobile 75,  76 

Of  great   importance '  ° 

Maine   automobile   laws 

r»  „    ...                                                                                               168 

Definitions     

Rules  of  road  when  two  teams  meet 168 

Stopping  or  turning  on  signal 1 

Teams  obstructing  the  way  or  without  a  driver 168 

Damages  for  injuries  through  nolatkba  of  preceding  sections.  L68 

Speed  regulations  for  automobiles 

Speed  must  be  reasonable  and  proper,  racing  forbidden 169 

Stopping  automobile  on  signal '  8fl 

Bells  and  lamps l 

Local  ordinances  at  dangerous  places l6fl 

Penalty  for  violation  of  five  preceding  sections 170 

Speed  on  crossing  bridges,  signs ! '  ° 


352  Index. 


PAGE 


Penalty    for    violation 170 

Penalty  if  driver  of  public  conveyance  leaves  it  without  fasten- 
ing  horses 170 

Application  for  registration,  recording,  certificate,  and  number 

plates     ' 171 

Manufacturers'  or  dealers'  registration  and  certificates 172 

Licenses 172 

Unlicensed  operators  and  vehicles  prohibited 173 

Non-resident  owners   exempted 173 

Punishment  for  violation  of  five  preceding  sections 173 

Manufacturer  of  automobiles 103 

General  considerations  103 

Status  of  manufacturer 104 

Maryland    automobile    laws 174 

Purpose  of  act 174 

Scope  of  act 174 

Sworn  application,  registration  fee,  certificate 174 

Registration  number,  display  of,  penalties  for  violation 175 

Lamps,  brakes  and  bell 176 

Speed   rates    177 

Duties  upon  meeting  or  overtaking  horses,  et  cetera 177 

Speed  tests   may   be   permitted ]  78 

Racing  without  permission   forbidden 179 

Safety  devices  when  machine  is  unattended,  penalties  for  neglect 

of  same,  protection  of  machine  and  driver 179 

Punishment  for  specific  violations 180 

Chariffeurs,  duties,  registration,  fee,  badge,  et  cetera 182 

Definition  of  term  motor  vehicle 184 

Inconsistent   acts    repealed 184 

Former  licenses  remain  in  effect 184 

Takes   effect    184 

Massachsetts   automobile    laws 185 

Registration  and  license  defined 185 

Applications  for  registration  and  for  licenses 185 

Filling  of  blanks 185 

Fees,  et  cetera 185 

Postage  to  be  prepaid 185 

Number  plates   1S5 

Number  plates  of  private  design,  et  cetera 1  86 

Lamps,  et  cetera 186 

Licenses  to  opente,  «t   cetera H(5 

Operators  for  hire,  et  cetera 186 


Index.  353 

FAcJI 

Expiration  of  operator's  license 187 

Fees,  amount  of,  et  cetera ^  .... '.  ...  .    1  s7 

When  ownership  of  a  motor  vehicle  is  transferred;  the  vehicle 

must  be  registered  by  new  owner,  et  cetera 187 

Manufacturers'  and  dealers'  certificate  of  registration 17 

Changes  in  Automobile  Law 188 

Registration  of  automobiles  and  motor  cycles 188 

Distinguishing  number  or  marks  may  be  issued  ti»  manufactur 

ers  and  dealers,  et  cetera 190 

Operating  of  unregistered  automobiles  or  motor  cycles  on  public 
highways,  et  cetera,  after  September  1.  1903,  prohibited,  ex- 
cept, et  cetera 190 

Licenses  to  be  issued  by  the  Massachusetts  highway  commis- 
sion, et  cetera   190 

Operating  by  unlicensed  persons  prohibited,  et  cetera 191 

Persons  having  charge  of  automobiles  or  motor  cycles   to   use 

certain   precaution    192 

Speed  limit 192 

Penalties   192 

To  be  provided  with  brake,  bell,  light,  et  cetera 193 

To  be  provided  with  lock,  et  cetera 193 

Fees  to  be  paid  into  treasury  monthly 193 

Terms   defined    194 

Massachusetts  highway  commission,  et  cetera,  may  administer 
oaths  and  take  testimony ;  persons  swearing  falsely,  et  cetera, 

guilty   of   perjury 194 

Certain  records  to  be  kept  by  courts,  et  cetera 194 

City  council,  et  cetera,  and  selectmen  may  make  special  speed 

regulations,  et  cetera  195 

Repeal    1!"! 

Persons  meeting  to  turn  to  right 198 

Persons  passing  in  same  direction  to  turn  to  left 197 

Penalties   1 !,7 

Amendment  to  section  8,  chapter  473 197 

Section  as  amended 1 97 

Definition    '  98 

Amendment  to  section  9  of  chapter  473 198 

Section  9  as  amended 199 

Penalties   for  reckless  driving 200 

Section  6  of  chapter  311  amended 201 

Section  6  as  amended 201 

Penalties  for  refusal  to  give  name,  et  cetera '-"1 

Penalty  for  refusing  to  give  information  to  police  officer -"- 

Amendments  to  section  1  of  chapter  473 202 

23 


354  Index. 

PAW 

Section  1  as  amended 202 

Amendments  to  section  1  of  chapter  366 203 

Section  1  as  amended 204 

Rules  and  regulations  of  highway  commission 205 

When  rules  and  regulations  t;ike  effect 205 

Violation  of  rules  and  regulations 205 

Power  of  commission  under  act 205 

Michigan    automobile    laws 206 

Definitions    206 

Owner's  statement,  registration,  certificate,  seal  and  fee 206 

Sale  of  registered  motor  vehicle 207 

Display  of  number 207 

Motor  vehicles  must  have  registration  seal  and  number 208 

Manufacturers'  or  dealers'  registration,  seals  and  numbers.  .  .  .   208 

Non-residents  exempt   208 

Chauffeur's  statement,  registration,  fee  and  certificate 208 

Chauffeur's  certificate  not  transferable 209 

No  one  may  operate  without  having  complied  with  this  act.  .  .  .    209 

Disposition  of  fees  paid 209 

Speed  rates    209 

Speed  at  crossings,  et  cetera,  must  be  reasonable 210 

Meeting  horses,  et  cetera 210 

Duties  on  meeting  horses,  et  cetera 210 

Motor  vehicles  must  turn  to  the  right 211 

Right  of  motor  vehicle  to  pass  other  vehicles 211 

Duties  in  case  of  accident 211 

Speed  tests  and  races 212 

Local  ordinances  prohibited  and  repealed 212 

Ordinances  as  to  local  parks  and  parkways 212 

This  act   does  not  affect   right  of  action   for  damages   for  in- 
juries resulting  from  negligence 213 

Punishments   for  violation 213 

Police  justices  and  justices  of  the  peace  have  jurisdiction 213 

Definitions   213 

Who  may  arrest,  rights  when  arrested 214 

Repeal,  when  act  takes  effect 214 

Minnesota   automobile  laws 215 

Speed  rates 215 

Stopping  on  signal 215 

Lamp    215 

Muffler,  bell,  law  of  the  road 215 

License,  fee,  and  number 216 


Inpkx.  355 

pin 

Record  of  licenses  and  fees,  disposition  of  fees 218 

Violation   a  misdemeanor _».— 21fl 

Takes  effect    $16 

Missouri    automobile    laws 217 

Meeting  horses,  et  cetera -  I  7 

Automobile  must  give  right  of  way 217 

Number,  license,  and  lamps 217 

License  and  fees 2 1 S 

Punishment  for  violations -  1  8 

Montana    automobile    laws 219 

Speed  rates 219 

Duties  upon  meeting  horses,  et  cetera 219 

Speed  at  crossings 2  1  !> 

Definition   of  "  motor  vehicle  " 219 

Punishment  for  violations 220 

Repeal    220 

Takes  effect 220 

Motive  power  as  affecting  status 18 

Advantages  over  animal  drawn  vehicles 1!» 

Application  of  power IB 

Automobile  and  bicycle  compared 18 

Automobile  has  status  of  its  own 18 

Automobile  is  pushed  along 18 

Bearing  upon    highway   legislation 1U 

Most   sanitary  vehicle 19 

No  filth  left  in  streets 10 

No  wear  and  tear  to  streets 10 

Source  of  automobile's  power 18 

Nature  and  status  of  automobile 14 

Automobile  not  a  machine  only 14 

Automobile  is  property  subject  to  constitutional  protection...  14 

Substitute  for  animal  power 14 

Nebraska  automobile  laws 221 

Definitions 221 

Owner's  statement,   fee 221 

Filing,  registration,  and  number 221 

Re-registration   221 

Seal    222 

Display  of  number 222 

Non-residents  exempt    ' — 

Speed  rates '-'-'- 

Duties  upon  meeting  horses,  et  cetera 223 


356  Index. 

PAG  I 

Brakes,  bell,  and  lamps 223 

Local  ordinances  prohibited,  exception 223 

Punishment  for  violations 224 

New  Hampshire  automobile  laws 225 

Definitions 225 

Filing  statement,  registration  fee,  record,  and  certificate 225 

Manufacturer's  or  dealers  license 226 

Operator's  license  and  special  license  for  operating  automobiles 

for  hire 226 

Registration    necessary,   also    style   and    display   of    registered 

number    -2' 

Exemption  of  non-resident  owners 227 

Brakes,  mufflers,  bells,  and  lamps 228 

Speed   permitted    228 

Meeting  horses,  stopping  on  signal 229 

Penalties  for  violation  of  this  act 229 

Duties  of  secretary  of  state,  expenses  and  fees 230 

Speed  tests  and  races 230 

Rule  of  evidence  in  action  for  damages  when  the  chauffeur  or 

operator  is  unlicensed 230 

When  act  takes  effect 230 

New  Jersey  automobile  laws 231 

Definitions 231 

The  construction  and  equipment  of  motor  vehicles 231 

Department  of  motor  vehicle  registration  and  regulation 232 

The  operation  of  motor  vehicles 235 

Identification  marks  of  motor  vehicles 239 

Use  of  roads  and  highways 240 

Provisions  concerning  safety  of  traffic 241 

Proceedings    2*2 

Punishments   and    penalties 247 

Miscellaneous    249 

New  meaus  of  transportation 25 

Animal  power  has  no  exclusive  rights 25 

Contemplated  transportation  by  public  ways 25 

Horses  have  no  superior  rights 26 

Improved  methods  of  transportation 26 

Law  keeps  up  with  improvement  and  progress 26,     27 

Modern  means  of  carrying  included  by  highways 25 

Travelers  not  confined  to  horses 25 

New  York  automobile  laws 2;jl 

Short  title    25t 


Definitions 


251 


Index.  357 


I'AUI 


Filing  statement   < 252 

Registration   and   record -^  ? 252 

Registration   seal    

Owners    previously    registered 252 

Display  of  registration  number 253 

Registration  by  manufacturers  or  dealers 253 

Fictitious  seal  or  number J.~>:i 

Unregistered  vehicle  not  to  be  operated 253 

Exemption  of  non-resident  owners 25 1 

Speed    permitted 254 

Speed  at  crossings,  et  cetera 'J.">  1 

Meeting  horses,  et  cetera 254 

Stopping  on  signal 255 

Giving  name  and  address 255 

Speed  tests  and  races 255 

Rules  of  the  road 255 

Brakes,  lamps,  horn,  et  cetera 256 

Local  ordinances  prohibited 250 

Parks,  parkways,  and  cemeteries  excepted 257 

No  effect  on  right  to  damages 257 

Filing  chauffeur's   statement 258 

Chauffeur's  registration  and  record 258 

Chauffeur's  badge   258 

Fictitious  badge    258 

Unregistered  chauffeur  cannot  operate 258 

Penalties  for  excessive  speed,  et  cetera 259 

Penalties  for  other  violations 250 

Release  from  custody,  bail,  et  cetera 259 

Acts  repealed   260 

When  this  act  takes  effect 260 

Noise  in  estimating  speed 76 

Apt  to  deceive  part}' •  •  -70,     77 

Nonresident  automobilists    112.   113 

North  Carolina  automobile  laws 261 

County  commissioner  authorized  to  pass  speed  regulation '2C,\ 

Takes  effect    261 

North  Dakota  automobile   laws 262 

Speed    rates    262 

Muffler,  lamps,  bell,  uses  thereof 262 

Law  of  the  road 262 

Stopping  on   signal    262 


358  Index. 

PAGE 

Punishments  for  violation 263 

Takes  effect    263 

Notice  of  defects  —  Notice  of  accident 69 

Actual  notice   69 

Filing  notice,  necessity  for 69 

Knowledge  on  the  part  of  municipal  officers 69 

.Municipality  must  have  notice 69 

Requirements  of  notices 69 

Substantial  compliance  with  requirements 69 

Observers  may  give  estimates 71 

Ignorance  of  witness  as  to  number  of  feet  or  rods  in  mile 73 

Striking  out  testimony 73 

Weight  of   testimony 71 

Ohio  automobile  laws 264 

Definitions    264 

Owner's  application,  filing  fee  and  registration 265 

Duties  of  assessors  and  auditors,  owner's  license  and  fee 265 

Filing  statement,  registration,  and  number 266 

Seal,  registration  number,  display  of 266 

Previously  registered  vehicles,  fees  on  sale 266 

Display  of  number  assigned 266 

Manufacturer's  or  dealer's  registration,  seals  and  fee 266 

Fictitious  seal  or  number 267 

Compliance  with  section  necessary  to  operate,  exception 267 

Non-resident   owners    267 

General   speed    regulations 267 

Special   speed   rates    268 

Duties  on  meeting  horses,  et  cetera 268 

Stopping  on  signal,  et  cetera 268 

Name  to  be  given  in  case  of  accident 269 

Local  speed  tests  or  races 269 

Rules  of  the  road 269 

Brakes,  bell ,  and  lamps 269 

Powers  of  local  authorities 270 

Speed  in  parks  and  parkways 271 

This  act  not  to  affect  right  to  prosecute  action  for  damages  for 

•          •  271 

lupines    *,J 

Chauffeur's  application  and  registration  fee 271 

Filing,   registration,  and   number 271 

Chauffeur's  badge  and  number,  display  of  same 272 

Badges  to  be  used  onlv  by  person  to  whom  issued 272 

Compliance  with  section  requisite  to  operate  as  chauffeur 272 


Index.  359 

PAoa 

Punishment   for  violations 272 

Further  punishment  for  violations ■ 272 

Arrest,  hearing,  bail,   and   trial T. 'l~'.\ 

Disposition  of  fees -7  :s 

Act  takes   effect —7  1 

Constitutionality  of  Ohio  law 276 

Operation  and  effect  of  license 45 

Exemption  of  non-resident  licensed  motorists 46 

Jurisdiction    of    license 45 

Necessity  for  taking  out  license  in  various  jurisdictions 45 

Pennsylvania  Act  of   1903   uncertain 45 

Oregon    automobile    laws 277 

Compliance  with   statute  essential 277 

Owner's  registration  and  certificate 277 

Record    277 

Fee    277 

Certificate  number  displayed 277 

Non-residents   exempt    277 

Number  painted  on  lamp 278 

Muffler,  brakes,  meeting  and  passing 278 

Meeting  horses    278 

Speed   permitted    279 

Pacing  forbidden 279 

Arrest    and    bail 279 

Penalties    for    violations 280 

Repeal    281 

Overtaking   and   passing   vehicles 56 

Applicability  of  law  of  the  road 56 

Custom  in  parts  of  count  ry 56 

English    rule    ■r)'1 

Liability  of  parties  subject  to  negligence 57 

Obligation  of  advanced  traveler 56,     57 

Requirements    from   automobiles 50 

Rule   in   Louisiana r' ' 

Rule  in  the  United  States 5fl 

Rule  is  ot'e  of  negligence 57 

OOl 

Pennsylvania  automobile  laws - 

License,    where    procured '-'s| 

Application   for  license 


Registration  and   record,  tags,  el   cetera 281 

T-  .  281 

License   

Speed   permitted,   local   ordinances 282 


360  Index. 


PAGE 


Tags,  lamps,  bell,  brakes,  stopping  on  signal 282 

Inspection  and  terms  of  license 283 

Arrest,   bail 283 

Action  for  damages,  where  brought,  service  of  process 283 

Penalties    284 

Fines,  to  whom  paid,  and  how  expended 284 

Limitations  of  act 284 

Takes  effect  January  1,  1906 285 

Inconsistent  acts  repealed 28J 

Power  to  require  registration  and  licensing 38 

Constitutionality  of  automobile   legislation 40 

Construction  of  acts  passed  before  advent  of  automobile 41 

Discriminating    illegally 39 

License  as  mere  means  or  regulation 41 

Licensing  to  control  speed 41 

Municipality's  right  to  require  registration  denied 39 

Ordinance  of  city  of  Chicago  invalid 39 

Parties  required  to  comply  with  law 38 

Pennsylvania  Act  of   1903   invalid 38 

Pittsburg  ordinance  valid 38 

Police  power  of  city 40 

Registration  fee  not  a  tax 40 

State  or  municipality  may  require  registration  and  license.  ...  38 

Powers  of  state  in  regulating  automobiling 115 

Presumption  arising  from  disobedience  of  law  of  the  road.  55 

Accident  happening  in  dark,  wrong  side  of  road,  presumption..  55 

Presumption  against  party  upon  wrong  side  of  road 55 

Presumption  evidence  of  negligence 55 

Presumption  from  collision 55,  56 

When  party  on  wrong  side  is  not  liable 56 

Prohibiting  reckless  motoring Ill 

Proof    of    speed 70 

Application   of  brakes 71 

Chauffeur's  evidence  best  evidence 71 

Chauffeur  custodian  or  speed 71 

Evidence  of  chauffeur  or  operator 70 

Evidence  that  power  was  shut  off 71 

Liability    of    witnesses 70 

Situation   of  witness 70 

What  chauffeur   actually    did 71 


Index.  361 


•  i 


Purpose   of  registration 

Identification    ^«. ■* 

Method  of  identification  by  Dumber  or  tag '■'•'• 

Registration  and  numbering  connected  with  safe  operation....  37 

To  debar  operators  from  violating  law :i7 

To  enforce  speed  regulations -i~ 

Qualifications   of  observers   of   speed T.'i 

Evidence  of  one  not  in  possession  of  faculties 7'J 

Must  qualify,   how 73 

Quality  of   cars   manufactured 104 

Registration  and   licensing 35 

Description  of  machine 35 

Displayment  of  number 35,  36 

Filing    statement     35 

Indictment  for  not  complying  with  law 36 

Issuance   of   number •'{•"> 

Pennsylvania  act  construed 36 

Pennsylvania  act  not  in  conflict  with   Philadelphia  ordinance.  .  36 

Philadelphia  ordinance  construed .'!<; 

Record   of  applications 35 

Speed  regulations  of  Philadelphia  ordinances 36 

Statement  filed  with  whom •'<"> 

Sufficiency  of  allegations  in  indictment 'M'< 

Tags  permitted  in  Pennsylvania 36 

Rhode    Island    automobile   laws 28fi 

Registration,  record,  and  certificate 28fi 

Manufacturer's   or   dealer's   registration 286 

Operation  forbidden  unless  registered  and  number  displayed . .  -JsT 

Meeting  horses,  et  cetera 28 

Brake,   muffler,  bell,   and    lamps 

Safety  device    to  prevent  vehicle  being  set  in  motion 288 

Definition    of   terms 288 

Money  from  fees  to  he  applied  to  support  of  public  roads 288 

Local  ordinances   -ss 

Punishment  for  violation  of  this  act 28° 

Act   shall    take   effect    when    passed -x" 

Rights  of  hirer  of  automobile ^n 

Qualified    property   of  hirer w 

Right  of  undisturbed  possession 91 

Right  to  operate  on  highway 

Equal   right   on   highway 

Frightening  horses  incident  to  lawful  use  of  highway -Is 


3(52  Index. 

PAGE 

Law   does  not  denounce  automobiles 47 

Law  keeps  up  with  improvement  and  progress 48 

Necessity  for  prudence  in  driving 48 

Rights   of  f ootinen   and  vehicles 58 

Car  must  be  under  control 58 

Contributory  negligence  of   child's   parents 59 

Contributory  negligence  when  question  for  jury 60 

Driver  not  obliged  to  keep  lookout  behind 59 

Due  care   59 

Duty  is  to   look  ahead 59 

Duty  of  motorist  at  crossings 59 

Duty  of  motorist  to  anticipate  meeting  persons 58 

Error  of  judgment 60 

Lack  of  contributory  negligence  must  affirmatively  appear.  ...  59 

Meeting  children  on  the  street 59 

Motorist  must  slow  up  and  stop 59 

Motorist  must  keep  careful   lookout 58 

Must  exercise  care 58 

Pedestrian  has  a  right  to  assume  what 59 

Rights   equal    58 

Vehicle    attracting   children 59 

What  may  be  considered  on  issue  of  negligence 59 

Right  to  use  highways 23 

Roads    defined    23 

Meaning  of  road  in  statutes 23 

Rotrfway  defined  in  New  York  ordinances 23 

Term  road  not  of  uniform  meaning 23 

Roadworthiness  of  vehicle,  tackle,  or  gearing 62 

Duty  to  have  good  tackle 62 

Fact  that  gearing  gives  way  not  negligence  per  se 63 

Fact  that  gearing  or  tackle  acted  wrongly  on  previous  occasion 

is  evidence  of  negligence 63 

Liability  of  ownf  r  for  poor  tackle 63 

Safe  condition  of  car  for  road 62 

Rules  of  road  not  inflexible,  but  rules  of  negligence 54 

Crowded   streets 54 

Light  vehicle  meel  ing  heavy  vehicle 54 

Liability  of  party  on  wrong  side  of  road 54 

Responsibility  when  taking  wrong  side  of  road 55 

Rule-,  of  road  are  rules  of  negligence 54 

When  deviation  from  rule  is  proper 54 


Index.  •',,,,i 

P*OI 

When  deviation  is  necessary •, 

When  vehicle  may  occupy  any  part  of  road ->.- 64 

Safety  of  roads   for  automobiles 

Right  to  have  safe  roads 



Speed   regulations    

Constitutionality  of  speed   regulations 

Construction   of    statutes 

English  Motor  Car  Act 

Person  must  be  informed  of  offense 

Power  of  townships  to  enact  regulations  in  Pennsylvania 65 

Power  of  park  commissioners  in  Massachusetts 65 

When  controlling  automobile  .nay  be  said  to  be  driving 65 

°00 
South    Carolina    automobile    laws 

Speed  must  be  reasonable,  not  greater  than  fifteen  miles  per  ^ 

h°ur   290 

Speed  at  crossings,  et  cetera 

Duties  when  meeting  horses,  et  cetera 

Stopping  on  signal ' 

Rules  of  the  road ' 

Brakes,  bell,   and   lamps 

Penalties   for  violation 

Definitions     ' 

South  Dakota  automobile   laws 

Terms   defined    .,,., 

Statement,  fees    

Statement  filed,  registration  number - ^  ■ 

Change  of  owner,    re-registration 

Seal     294 

Number  displayed  0((  { 

Non-resident   owners " 

Regulations   ...^ 

Caution  signals   

Brakes,  signal  bell  or  born,  lamps 

Powers  of  cities  and  towns ^ 

Penalties    „-„i: 

Right   of  action   for  damages  for   injuries  sustained  b3    negl, 
gonee  of  driver  of  motor  vehicle  remains  the  same.  . 

Repeal    

Emergency    

Status   of   garage   keeper 

Bailee     g3 

Relation  is  that  of  bailor  and  bailee 


364  Index. 

PAGE 

Street   crossings,   cross  roads 63 

Negligence  question  for  jury 63 

Travelers  bound  to  exercise  ordinary  care 63 

Travelers  on  both  roads  have  equal  rights 63 

Streets  defined 24 

Curb   defined    25 

Definitions  of  public  ways,  ways,  highways,  and  streets  in  auto- 
mobile legislation   25 

Difference  between  streets  and  roads 24 

Genus  highways 24 

Rights  of  public  in  streets 24 

Species    streets    24 

Term  street  as  used  in  statutes 24 

Way  is  a  highway 24 

Summary  and  conclusion  as  to  evidence  of  speed 8 

Best    evidence    8 

Conflict  between  speed  indicators  and  stop  watches 8 

Opinions  unsatisfactory    8 

Speed    indicators    8 

Stop  watches    8 

Well-established   facts    8 

Surrender  and  return  of  hired  automobile 92 

Tendency  to  frighten  horses 19 

Accidents  from  frightening  horses 20 

Duty  to  exercise  reasonable  care 20 

Education  of  horses  to  sight  of  automobile 19,  20 

Need  of  legislative  regulation 19 

Reasonable  laws    20 

Tennessee    automobile    laws 297 

Definition,  registration,  fee,  certificate,  and  re-registration ....  297 

Number,   display  of 297 

Speed    298 

Duty  upon  meeting  horses,  et  cetera 298 

Damage  suits  a  lien  on  automobile 298 

Penalties   for  violation 299 

Act   takes    effect 299 

The  law  of  the  road 51 

Highway  is  for  use  of  public 51 

Judicial  notice  of  custom 52 

Necessity  for   laws  governing  travel 51 

Proof  of  custom 52 


Indk.x  865 


i-  ,i 


Rules  established   by  custom 51 

Statutory  rules    ^.~ ."» I 

What  constitutes  the  law  of  the  road 51 

Termination  of  hiring  of  automobile 91 

Time   consumed  in  estimating   speed 70 

Duration  of  time  may  be  estimated 7'"> 

Uniformity   of   automobile   legislation 112 

Unlawful  acts  committed  by  third  parties   when   automo- 
bile is  hired    89 

Negligence  

Theft  of  automobile 89 

Unlawful  sale  by  hirer  of  automobile 89 

Vehicles   meeting   and   passing 52 

Affording  safe  and  free  passage 52 

Construction  of  statutes  requiring  turning  to  right 53 

How  much  a  vehicle  must  turn  to  the  right 53 

Meaning  of  phrase  "  center  of  the  road  " 52.  53 

Passing  to  the  right  of  the  center  of  highway 52 

Rule  in  England  and  Canada 52 

Rule  in  the  United  States 52 

Rule  when  highway  is  covered  with  snow 53 

Seasonably  turning  to  the  right 53 

Statutory  rules    "* 

Sufficient  compliance  with  statutes 53 

Turning  to  the  right  of  center  of  road 52 

Turning  to  the  right  governs  what  vehicles 53 

Vehicles  standing  on  the  highway 63 

Duty  of  owner  leaving  vehicle "4 

Leave  ample  room  for  other  vehicles  to  pass 84 

Liability  of  owner  for  acts  of  third  parties ,;  • 

Not  obliged  to  chain  it  to  a  post 

Owner's  right  to  leave  vehicle  on  highway 83 

Reasonable  time    

Wilful  acts  of  third  parties c  * 

Vermont    automobile    laws 

Registration,  application  for.  record  of.  sale  of  automobile....  300 

Registration  by   manufacturers :! 

Unregistered  machine  not  to  run  after  May  1.  lOOT) 301 

Operator's  license,  application  for;  special  license  for  operating, 
term  of    


366  Index. 

PAGE 

Unlicensed  operator  not  to  operate  machine  after  May  1,  1905.  302 

Vehiclss  owned  by  non-residents 302 

Duties  of  person  in  control  of  vehicle  on  approaching  horses.  .  303 

Speed    regulations     303 

Revocation  of  certificate  or  license,  penalty  for  violations....  303 

Brakes,  mufflers,  and  lights 304 

Vehicles  to  be  provided  with  locks  and  keys 304 

Payment  of  fees 305 

Definition   of   terms 305 

No.  64  of  Acts  of  1902  repealed 305 

Takes  effect  from  passage 305 

Virginia  automobile  laws 306 

Compliance  with  statute,  definition  of  terms 306 

Registration,  certificate,  number,  plate  fee,  loss  of  certificate.  .  306 

Lamps    307 

Sale  of  machine,  new  certificate 307 

Speed   rates    307 

Duty  to  exhibit  certificate 308 

Final  disposition  of  certificate  fees 308 

Special    speed    rates 308 

Duties  on  meeting  horses,  et  cetera 308 

Duty  upon  overtaking  horses;  lock,  brakes,  and  bell 309 

Penalties  for  violation,  appeal 310 

Liability  for  damages,  seizure  of  machine,  service  of  process.  .  310 

Conditions  governing  sale  of  machine  under  judgment 310 

Application  of  this  Act 311 

Limitations  of  Act 311 

Duty  of  board  of  supervisors  or  council 311 

Act  of  Virginia,  approved  December  20,  1902 311 

Speed    311 

Duty  upon  meeting  horses,  et  cetera 312 

Passing   horses    312 

Penalties    312 

Impounding  and  sale  of  automobile,  et  cetera 313 

Application    of    Act 313 

When   Act  takes  effect 313 

'Washington   automobile  laws 314 

Compliance  with  sections  two,  four,  and  five  of  this  Act  neces- 
sary       314 

Owner's  statement,   certificate 314 

Record    31  i 

Fees    314 


Index.  3*',  7 


n  .r 


Number  must,  be  displayed 814 

Non-residents   exempted    j^    .  •" 314 

Lamps,    showing    number 315 

Muffler,  brakes,  and  bell,  meeting  and  passing  vehicles 315 

Duties  upon  meeting  horses,  et  cetera ;fl"> 

Speed   rates    318 

Speed  must  lie  reasonable,  racing  forbidden 310 

Local   ordinances  prohibited,   exception 

Punishment  for  violation 317 

West  Virginia  automobile  laws 518 

Licenses  in  general,  when  issued :ils 

Application  for  licenses  in  general 318 

A  license  may  be  revoked  as  follows :!ls 

Fees  for  licenses  are  as  follows 319 

The  license  is  only  granted  for  a  limited  period  as  follows.  ..  .   319 
A  special  provision  exists  for  licensing  automobiles  as  follows,  319 

Wisconsin  automobile  laws •'-  ' 

Application,    registration,    fee,    certificate,    number    plate-,    and 

numbers '-1 

Manufacturer's,  or  dealers  application,   registration,  fees,  and 

numbers — 

Speed   rates    :{--5 

Stopping  on  signal,  shutting  off  power  when  automobile  is  left 

unattended    3--5 

Automobiles  have  equal  rights  on  highway 324 

Lamps,  brakes,  and  bell !-  J 

Non-residents   exempt    f 

Punishment  for  violation  of  sections  one,  three,  five,  and  six  of 


this   Act 


324 


Local   ordinances  prohibited 325 

Owner  not  relieved  from  liability  for  negligence 325 

32*5 

Disposition  of  fees - 

Takes  effect    J-0 

Weight   of  evidence   as   to   speed 

Indefiniteness    of   testimony '4 

Opinions  of  relative  speed  unreliable '* 

Testimony  that  machine  was  running  fast 

Testimony  that  machine  was  running  slow I  4 

[Whole  Number  of  Pages,  389.] 


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University  of  California 

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